ANU SHARMA Vs. VINOD PRAKASH SHARMA

JUDGEMENT

(1.) BY way of the present petition, the petitioners seek to challenge the impugned order dated 6th July 2013 passed by the learned Addl. District Judge, Saket, New Delhi in probate case No.75/11 whereby the said probate case had been consolidated with Civil Suit No.207/11.

(2.) THE facts leading to the present petition are that the petitioners filed a probate suit for grant of a probate of a will executed by their grandmother Late Smt.Bhagwati Devi Sharma which was duly executed on 29 th November 2000. The petitioners also filed a civil suit for declaration and permanent injunction wherein the petitioner sought relief inter -alia to declare the unregistered relinquishment deed dated 17th April 2002 and partition deed dated 7th June 2002 on the basis of former deed, null and void, alleging that both the deeds were executed by the respondents to relinquish the petitioners from the property in dispute bearing No.B -54, South Extension, Part -II, New Delhi. The respondents No.1 & 2 moved an application under Section 151 CPC for consolidation of the probate case and the civil suit contested by the petitioners. The petitioners duly filed reply to the said application. The learned Trial Court directed consolidation of both the probate case and the civil suit.

(3.) LEARNED counsel for the respondents, on the other hand, submits that the whole subject matter in both the suits is identical and both the suits are primarily between the same parties and therefore, consolidation is necessary in order to reduce the multiplicity of suits and to avoid conflicting and contradictory judgments on the basis of same set of evidence.