GANGARAM RAMCHANDRA MALIK Vs. NAMDEV SHIVRAM MALIK

JUDGEMENT

(1.) Heard Mr Parikshit Sawant for the petitioners and Mr Deepak Gaonkar for respondent no.1. With the consent of the learned Counsel for the parties, the petition is taken up for final disposal.

(2.) The petitioners' challenge order dtd. 5/1/2017 by which the learned Trial Court has dismissed the petitioners' application for consolidation of Civil Suits bearing Regular Civil Suit No.18/2016 and Regular Civil Suit No.36/2012.

(3.) Mr Sawant states that the most important and common issue in both the suits is that of the alleged ownership of the respondents herein. He submits that the parties to the two suits are not substantially different. He submits that because the cause of action in the two suits may differ, there was no reason to dismiss the application at Exhibit 60 seeking consolidation of the two suits. He relies on Prem Lala Nahata & Anr. V/s. Chandi Prasad Sikaria,(2007) 2 SCC 551. in support of his submissions.