THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
CIVIL REVISION PETITION No.173 of 2021
ORDER:
This civil revision petition is filed under Article 227 of the Constitution of India, by the petitioners/plaintiffs, aggrieved by the docket order dated 14.02.2020 passed in O.S.No.23 of 2015 by the learned V Additional District Judge, Bhongir, wherein the request made by the petitioners herein/plaintiffs to club both the suits i.e, O.S.No.23 of 2015 and O.S.No.63 of 2009 and dispose of them together, was declined.
2) Heard the learned counsel for both sides and perused the record.
3) The learned counsel for the revision petitioners/plaintiffs would contend that though the suit schedule property in O.S.No.63 of 2009 is part and parcel of suit schedule property in O.S.No.23 of 2015 and that the issue in both the suits is also common, the Court below erroneously declined to club both the suits and dispose of them together. For proper adjudication and to avoid conflicting decisions, the Court below ought to have clubbed both the suits and disposed of together and ultimately prayed to allow the civil revision petition as prayed for.
4) On the other hand, the learned counsel for respondents/ defendants vehemently contended that the prayer and the parties in both the suits are different. No purpose would be served even if both the suits are clubbed and disposed of 2 together. The Court below is justified in declining the request of the petitioners/plaintiffs and ultimately prayed to dismiss the civil revision petition.
5) As seen from the material placed on record, the suit in O.S.No.63 of 2009 is filed by the petitioners herein/plaintiffs seeking cancellation of registered sale deed dated 13.03.2008 and perpetual injunction in respect of land in Sy.No.585/A/3 admeasuring Ac.3-20gts situated at Bibinagar Village and Mandal, Nalgonda District, against the respondent Nos.1 and 4 herein/defendant Nos.1 and 2, whereas the suit in O.S.No.23 of 2015 is also filed by the petitioners/plaintiffs seeking permanent injunction restraining the respondent Nos.1 to 28 herein/ defendant Nos.1 to 28 from alienating/transferring/creating third party interest over the land in Sy.No.585 admeasuring Ac.12.20gts situated at Bibinagar Village and Mandal, Nalgonda District. The memo dated 07.02.2020 filed by the petitioners herein/plaintiffs before the Court below, seeking to club both the suits i.e, O.S.No.63 of 2009 and O.S.No.23 of 2015 and dispose of together, was declined by the Court below vide docket order dated 14.02.2020 on the observation that clubbing of both the suits will not help disposal of both the suits as the reliefs sought are different, extent of property is different and the number of defendants is also different.
6) Admittedly, the defendant Nos.1 and 2 in O.S.No.63 of 2009 are also defendants in O.S.No.23 of 2015 in addition to other 26 defendants. It is evident from the material placed on 3 record that certain common questions with regard to the reliefs sought by both sides, arise for determination in both the suits. For better understanding and appreciation of facts and circumstances of the case, both the suits are required to be disposed of simultaneously without clubbing them. The disposal of both the suits simultaneously would also avoid conflicting decisions. Further, it would be easy for the Court to understand the litigation in between the parties. Under these circumstances, the Court below is directed to dispose of both the suits simultaneously on the same day, by way of separate judgments i.e, without clubbing them, expeditiously.
7) With the above observations/directions, this Civil Revision Petition is disposed of. No order as to costs.
Miscellaneous petitions pending if any, shall stand closed.
______________________ Dr. SHAMEEM AKTHER, J Date: 01.04.2021.
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