RANJITMAL CHORADIA Vs. SHIVRAM SINGH

JUDGEMENT

(1.) Since all the three afore-stated petitions are related and pertain to one piece of land, being shared equally by afore-stated three petitioners, they have been heard together and are being disposed of, by this common order.

(2.) By way of the instant writ petitions, the petitioners have beseeched to quash and set aside the order dated 16 th August, 2010, whereby the learned Additional District Judge (Fast Track), No.9, Jaipur City, Jaipur, allowed the application of the respondent-defendant filed under Section 10 of CPC and dismissed the application of the petitioner filed under Section 151 of CPC.

(3.) Adumbrated in brief, the facts of the cases giving rise to the instant petitions are as under:- That the respondent-defendant Shivram Singh filed three separate suits for declaration and setting aside the sale-deed dated 27 th August, 1982 duly executed and registered as also seeking permanent injunction before the learned Additional Civil Judge (Senior Division), No.3, Jaipur City, Jaipur against the petitioners-plaintiffs namely Ranjitmal Choradia, Mahendra Chand Choradia and Kishan Chand Choradia. The suit was filed with regard to property in question viz. C-1-A situated at Jaisingh Highway, Bani Park, Jaipur. The petitionersplaintiffs filed written statement in that suit and thereafter, respondent-defendant no.1 filed a rejoinder and the court framed issues in all the three suits on 7 th October, 2003 and the trial of the suit commenced. Thereafter, the petitioners-plaintiffs Ranjitmal Choradia, Mahendra Chand Choradia and Kishan Chand Choradia filed three separate suits, imploring to take the possession of the land in question, mesne profits and permanent injunction against the respondents-defendants. At the instance of the petitioners-plaintiffs, the suit No. 05/2009 filed by the defendant no.1 Shivram Singh came to be transferred in the court of Additional District Judge (Fast Track), No.9, Jaipur City, Jaipur. Two separate applications came to be filed thereafter, one for consolidation of the suits of the petitioners and the respondent and another application was filed by the respondentdefendant Shivram Singh under Section 10 of CPC imploring to stay the proceedings of suits filed by the petitioners namely Ranjit Mal Choradia, Mahendra Chand Choradia and Kishan Chand Choradia. Learned Additional District Judge having heard both the parties, discussed and critically analyzed all the factual and legal aspects adlongum, allowed the application filed by the respondent-defendant no.1 Shivram Singh under Section 10 of CPC and gainsaid to consolidate all the suits for the purpose of trial. Aggrieved with the order of the learned Additional District Judge (Fast Track), No,9, Jaipur City, Jaipur, the petitioners have filed the instant writ petition.