SHIKHAR CHAND Vs. SURESH CHAND

JUDGEMENT

(1.) PETITIONER has challenged the order dated 1/5/2007 whereby consolidation of his suit being Civil Suit No. 14/2003 filed for declaring him as owner of the property and Civil Suit No. 29/2003 filed by respondent No. 1 Suresh Chand in relation to the same property and in the same court, for recovery of possession was rejected.

(2.) LEARNED counsel for the petitioner argued that while the petitioner is claiming relief of declaration of his ownership against respondent No. 1 who is defendant in his suit, the respondent No. 1 in his suit is claiming possession of the very same property from the petitioner impleading him as defendant. Both the suits are pending in the same court and with the completion of pleadings, the issues have also been framed which are substantially the same and overlapping. In support of his contention, he has placed reliance on the judgment of the Hon'ble Supreme Court in M/s. Chitivalasa Jute Mills vs. M/s. Jaypee Rewa Cement : AIR 2004 SC 1687.