SANTOSH Vs. RANBIR SINGH AND OTHERS

JUDGEMENT

(1.) This order shall dispose of two appeals bearing SAO No.1 of 2011 titled as "Smt. Santosh Vs. Ranbir Singh and others" and SAO No.2 of 2011 titled as "Smt. Santosh Vs. Ranbir Singh and others". However, for convenience, the facts are being extracted from SAO No.1 of 2011.

(2.) In brief, the facts narrated before me are that Civil Suit No.186 of 2001 was filed by Santosh on 30.8.2001 seeking permanent injunction in which Ranbir Singh (respondent No.1 herein) also became a party by filing an application. While the said suit was pending, Ranbir Singh (respondent No.1 herein) filed Civil Suit No.395 of 2001 on 16.10.2001 also for permanent injunction against the present appellant/Santosh.

(3.) Respondent No.1 filed an application before the trial Court for clubbing the suit which was allowed vide order dated 11.2.2009 (Annexure P-2) and the suit filed by Ranbir Singh which though is late in time was treated as lead case i.e. 'case No.1'. Although issues were framed in both the suits but while deciding the lead case, it was observed by the trial Court that "for adjudication of both cases, findings on issues of case No.1, shall be operative upon both the cases".