SAROJA BHATIJA Vs. SANJAY B MAKHIJA

JUDGEMENT

(1.) PETITIONER herein has filed three suits. Petitioner is the plaintiff in o. S. 331/1996 and O. S. 7251/1995 before the city Civil Judge, bangalore. Subsequently, respondent pushpa Makhija has also filed a suit for partition and separate possession in O. S. No. 1936/2003. O. S. No. 331/1996 was pending before cch-6, O. S. No. 7251/1995 was pending before CCH-14 and the suit filed by the respondent pushpa Makhija was pending before CCH-32. Plaintiff in O. S. 1936/2003 and defendants in O. S. 331/1996 and 7251/1995 filed three misc. Petitions under Sec. 24 of CPC before the Prl. City Civil judge, Bangalore in Misc. Nos. 510, 511 and 512/2004 requesting the court to transfer all the suits to one Court and to try the same along with O. S. 7251/1995. Misc. Petition filed under Sec. 24 of CPC before the Prl. City Civil Judge, Bangalore in misc. No. 510, 511 and 512/2004 requesting the Court to transfer all the suits to one Court and to try the same along with O. S. 7251/1995. Misc. Petition filed under Sec. 24 of CPC was opposed by the petitioner herein. Still the court has allowed the application on 9-8-2004 to withdraw O. S. 331/1996 and O. S. 1936/2003 and try along with O. S. 7251/1995. The order passed in the above three misc. Petitions is called in question in this writ petition under Art. 227 of the constitution of India.

(2.) HEARD the Counsel for the parties.

(3.) AT the out set, Learned Counsel for the respondent contends that writ petition is not maintainable as the order passed by the Prl. City Civil Judge under Sec. 24 of CPC is an independent proceedings and it amounts to final order. Therefore, writ petition does not lie before this Court.