RAGHUNATH Vs. MURARI

JUDGEMENT

(1.) WITH the consent of the learned counsels for the parties the writ petition is decided finally at the admission stage. The present writ petition is filed by the petitioners -plaintiffs under Art. 227 of the Constitution of India challenging the order dt. 09.11.2012 passed by the Addl. Civil Judge (JD), Sawai Madhopur (hereinafter referred to as 'the trial Court') in Civil Suit No. 156/11, whereby the trial Court has dismissed the application of the petitioners -plaintiffs seeking consolidation of the said suit being No. 156/11, with the Civil Suit No. 157/11 filed by the petitioners -plaintiffs against the respondent -defendant.

(2.) THE learned counsel Mr. Tarun Jain for the petitioners submits that both the suits have been filed by the petitioners -plaintiffs against the respondent -defendant in respect of the same subject matter, however, in the suit being No. 157/11, additionally the Municipality is party -defendant which is not there in the earlier suit. According to him, the provision of law i.e. Section 10 has been wrongly mentioned, otherwise both the suits deserve to be consolidated in order to avoid duplication of evidence.

(3.) HAVING regard to the submissions made by the learned counsels for the parties and to the impugned order passed by the trial Court it appears that the petitioners -plaintiffs have filed the suit being No. 156/11 seeking specific performance and permanent injunction against the respondent -defendant in respect of the suit property, whereas the petitioners have filed the Civil Suit No. 157/11 against the respondent -defendant and also against the Municipality in respect of the same property, in view of the subsequent events. Having regard to the facts and circumstances of the case, it would be desirable that both the suits are consolidated and the evidence is recorded in one suit i.e. Civil Suit No. 156/11, in order to save the time of the Court and to avoid duplication of the evidence. In that view of the matter the petition deserves to be allowed. It is accordingly directed that the suit being No. 156/11 and 157/11 shall be consolidated and the evidence of both the suits shall be recorded in the Civil Suit No. 156/11. The writ petition stands allowed accordingly.