DYNA CHEM Vs. JAIPALDAS PUNJABI

JUDGEMENT

(1.) This miscellaneous petition under Article 227 of the Constitution of India has been filed by the petitioner / defendant against the order dated 08.03.2021 (Annexure P/1) passed in Civil Suit No.103-A/2016 by the Civil Judge Class-I Indore, District Indore (MP) whereby the petitioner's application filed under Section 151 of the Code of Civil Procedure, 1908 for consolidation of two suits has been rejected.

(2.) In brief, the facts giving rise to the present petition are that the respondent / plaintiff filed a Civil Suit No.103-A/2016 (Annexure P/3) for eviction of the petitioner / defendant in respect of Shop No.89 and 13-14, RNT Marg, Dawa Bazar, Indore.

(3.) The aforesaid plaint has been opposed by the petitioner / defendant by filing a written statement, traversing the averments made in the plaint and also stating that the plaintiff and the defendant are the real brothers, and the disputed property is purchased out of the funds of Joint Hindu Family Property. Hence, another suit has also been filed by the petitioner / defendant (Mahesh s/o Late Ghuriyomal Punjabi) being Civil Suit No.1319-A/2019 for declaration of title over the aforesaid suit property, being a Member of the Joint Hindu Family Property. The aforesaid suit is pending and has been transferred by the District & Sessions Judge, Indore vide order dated 19.02.2021 passed in MJC No.44/2021 in the Court where the suit (Civil Suit No.103-A/2016) filed by the respondent / plaintiff is pending.