SURESH CHAND Vs. SATISH DAYAL

JUDGEMENT

(1.) This is an application filed under Section 151 CPC by the defendant seeking consolidation of the present suits i.e. CS(OS) No.2319/2006 and CS(OS) No.1963/2006 (which suits stand consolidated vide order dated 25.04.2007) with the Test Cases No.55/2006 and Test. Case No.16/2008(which test cases stand consolidated vide order dated 21.12.2008)

(2.) CS(OS) No.1963/2006 titled as Satish Dayal v. Col. Suresh Chand & Another has been filed by Satish Dayal seeking partition from the Col. Suresh Chand and Smt. Usha Kumar of suit properties i.e. the properties bearing (i) no. 1944-51, Ward No.2, Shanker Terrace, Chandani Chowk, Delhi-6 as also (ii) property E-34, Pachsheel Park, New Delhi.

(3.) The second suit i.e. the CS(OS) No.2319/2006 titled as Col. Suresh Chand & Another v. Satish Dayal is a suit for partition of the properties of the HUF of the deceased Yogeshwar Dayal, details of which have been given in Annexure A of the plaint. They are four properties; besides the first aforementioned property (in sub clause(i) of para 2 supra)) may also include (i) property no.20, Sadhna Enclave, New Delhi (ii) property No. 1, Bharti Colony, Delhi, and (iii) land measuring 325 sq. yards adjacent to 20, Sadhna Enclave, Delhi.