Punjab-Haryana High Court
Durga Mandir Committee vs Manoj Kumar And Others on 30 April, 2024
Neutral Citation No:=2024:PHHC:059260
2024:PHHC:059260
130 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR-2595-2024
Date of Decision: 30.04.2024
Durga Mandir Committee, Dharampur ...Petitioner
Versus
Manoj Kumar and others ...Respondents
CORAM: HON'BLE MR. JUSTICE GURBIR SINGH
Present: Mr. Sunil Agnihotri, Advocate
for the petitioner.
***
GURBIR SINGH, J. (ORAL)
1. The present revision petition has been filed under Article 227 of the Constitution of India seeking quashing of the impugned order dated 19.03.2024 (Annexure P-9) passed by the Ld. Civil Judge (Jr. Division), Mukerian, whereby an application (Annexure P-7) 21.01.2024 filed by the petitioner-defendant for consolidation of two suits pending with regard to the same issue and same relief claimed in the same Court, has been dismissed.
2. Learned counsel for the petitioner submits that an application for consolidation of both the suits has been filed on the ground that another suit titled as "Vijay Singh Vs. Durga Mandir Committee, Dharampur" in which the Mandir Committee is arrayed as defendant and the relief claimed in the suit, is the same sought in the present suit. He further submits that both the suits are pending adjudication in the same Court.
3. I have heard the learned counsel for the petitioner and perused the file.
4. If notice is given to the other side it may further delay the disposal of case and may further put financial burden upon respondents. So notice to respondents is hereby dispensed with.
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5. Since both the suits have been filed against the Durga Mandir Committee and keeping in view the fact that evidence to be led in both the cases is different. In the present suit, Manoj Kumar is claiming his right through his father Joginder Singh son of late Babu Ram and in the another suit Vijay Singh is also claiming his right through his father late Babu Ram.
6. So, without commenting upon the merits of the case and in order to avoid conflicting judgments it is necessary that both the cases be decided by the same Court on the same date in accordance with law.
7. Petition stands disposed of.
(GURBIR SINGH)
30.04.2024 JUDGE
Parveen kumar
Whether speaking/reasoned :Yes/No
Whether reportable :Yes/No
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