KUSUMA KUMARI Vs. HAFEEZUR RAHAMAN

JUDGEMENT

(1.) The petitioner/defendant No.2 in O.S.No.9897 of 2006 is before this Court calling in question an order dtd. 12/9/2024 by which the application filed by the petitioner in I.A.No.XII under Sec. 10 of the Code of Civil Procedure is rejected.

(2.) FACTUAL PRELUDE: The saga begins with the assertion of the petitioner being in possession of the property bearing Site No.52 in Sy.No.17/2A which is said to be wrongly mentioned as Sy.No.3/3B having purchased it on 24/11/1994. The defendant No.2 along with others is said to be in peaceful possession of the property. This is said to be interfered with by respondents 1 to 9, the plaintiffs in the original suit. Owing to interference the petitioner files suit in O.S.No.8729 of 2004 seeking to protect her possession in respect of Sy.No.3/3B. The suit was instituted on 26/11/2004. On 13/11/2006 the 1st respondent along with others institute a comprehensive suit for declaration of title in O.S.No.9897 of 2006.

(3.) When things stood thus, the petitioner/defendant No.2 institutes another suit in O.S.No.3599 of 2008 seeking to rectify the description of the property in the sale deed dtd. 24/11/1994 from Sy.No.3/3B to Sy.No.17/2A. The rectification suit so filed by the petitioner/defendant No.2 comes to be dismissed on 18/6/2009. This dismissal becomes final. After the dismissal of O.S.No.3599 of 2008 an amendment application is filed to amend the plaint in O.S.No.8729 of 2004 insofar it concerns the survey number. It is amended from Sy.No.3/3B to Sy.No.17/2A. The suit is again amended by incorporating the relief of declaration on 8/9/2010. All these take place in O.S.No.8729 of 2004. After about 20 years of institution of the suit, the petitioner files an application under Sec. 10 of the CPC not in O.S.No.8729 of 2004, but in the comprehensive suit filed by the respondents/plaintiffs in O.S.No.9897 of 2006 contending that the two suits arise on the same cause of action and, therefore the proceedings in the later suit in O.S.No.9897 of 2006 be stayed. The concerned Court rejects the application in I.A.No.XII filed under Sec. 10 of the CPC in terms of its order dtd. 12/9/2024. In the same breath, the 2nd defendant files a miscellaneous petition under Sec. 24 of the CPC seeking to transfer and club both the suits in O.S.No.8729 of 2004 and O.S.No.9897 of 2006. During the pendency of the said miscellaneous petition, the present writ petition is preferred. This coordinate bench of this Court grants an interim order of stay on 04.-11-2024. The stay was stay of suit in O.S.No.9897 of 2006. It appears that the miscellaneous petition filed for clubbing two suits is dismissed during the pendency of the subject petition. It is at that stage the matter is heard with the consent of parties.