CHANDRAKANTBHAI RATANLAL DESAI Vs. COLLECTOR DAHOD

JUDGEMENT

(1.) HEARD Mr. SN Thakkar, Ld. Counsel for the petitioners in both the matters and Mr. HJ Trivedi, Ld. Counsel for contesting respondents nos. 9 and 10 in Special Civil Application No. 16527/2003 and for contesting respondents nos. 4 and 5 in Special Civil Application No. 17096/2005.

(2.) SPECIAL Civil Application No. 16527/2003 is filed challenging the order dated 24/10/2003 passed by the Ld. 4th Joint Civil Judge [S.D.] Godhra below application exh. 12 in Regular Civil Suit No. 268/2003, whereby the said application filed by the petitioners herein to implead them as co-defendants came to be rejected.

(3.) HOWEVER, Special Civil Application No. 17096/2005 has been filed by the petitioners challenging the impugned order dated 1/8/2005 passed by the Ld. 5th Addl. Sr. Civil Judge, Dahod, below application exh. 51 in Regular Civil Suit No. 352/2004, whereby the said application preferred by the third party [the petitioners herein] for staying the further proceedings of the suit till Special Civil Application No. 16527/2003 is heard and decided by this Court. The said application came to be rejected by the trial Court. HOWEVER, today both these petitions have been heard and Special Civil Application No. 16527/2003 is ordered to be allowed. Therefore, virtually the cause for Special Civil Application No. 17096/2005 may not survive. HOWEVER, Mr. Thakkar, Ld. Counsel representing the petitioners submitted that it would be in the interest of justice if both the suits are consolidated to avoid conflicting decision. HOWEVER, without expressing any opinion, this Court feels that it would be open for the party to take necessary steps before the trial Court.