GHOUSIA SULTHANA Vs. P.YUGANDHAR

JUDGEMENT

(1.) Heard Sri Saranu Phani Teja, learned counsel for the petitioner.

(2.) The petitioner Smt Ghousia Sulthana is the defendant No.3 in O.S.No.47 of 2016 on the file of the XIII Additional District and Sessions Judge, Gajuwaka, Visakhapatnam District. The said suit was filed by the plaintiff/1st respondent herein namely P. Yungandhar for a decree of specific performance of contract to execute sale deed in terms of the agreement of sale dtd. 15/4/2010, alleging its execution by the 3rd defendant of the said suit Smt Ghousia Sulthana as also the 1st defendant, namely, Rahamatulla Shariff. The 3 rd defendant Smt.Ghousia Sulthana of O.S.No.47 of 2016 had previously filed O.S.No.42 of 2016 against the three defendants, including Sri Rahimtulla Sharif (2nd defendant in her suit) for declaration in her favour that, she was the absolute owner of the suit schedule property, in terms of the alleged registered gift settlement deed 8/8/2008 along with some other prayers.

(3.) The plaintiff P. Yugandhar in O.S.No.47 of 2016 filed I.A.No.1315 of 2022 to consolidate both the suits i.e., O.S.No.42 of 2016 and O.S.No.47 of 2016, both pending in the same Court for joint trial. The said application has been allowed by order dtd. 20/6/2024. Challenging the said order, the plaintiff of O.S.No.42 of 2016 (3rd defendant of O.S.No.47 of 2016) Smt Ghousia Sulthana has filed the present revision petition under Article 227 of the Constitution of India.