KRISHNA Vs. SANTOSH

JUDGEMENT

(1.) INSTANT revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 11.09.2012 (Annexure P -5) passed by learned Additional Civil Judge (Sr. Divn.), Hansi whereby application moved by the petitioner for consolidation of suit No. 80 -C dated 16.03.2011 with another suit No. 464 -C dated 24.12.2011, titled as Smt. Santosh v. Krishna, has been dismissed. It is the case of the petitioner that both the suits are required to be consolidated in order to avoid conflicting judgments on the same issues as majority of the parties are the same and one of the substantial issues with regard to inheritance to properties of Sh. Sudhan Ram also arises in both the suits, therefore, both the suits may be consolidated.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) KEEPING in view the fact that one of the issues in both the suits is same, this Court in view of law laid down in Ramji Gupta v. Gopi Krishan Agrawal (D) : 2013 (2) RCR (Civil) 898 SC deems it fit and appropriate to exercise power under Section 151 CPC to direct that in order to avoid conflicting judgments, both the suits are decided by the same Presiding Officer in accordance with law provided he is not transferred from that station.