Gurdeep Singh vs Iqbal Singh And Ors
2023 Latest Caselaw 14823 P&H

                                                      Neutral Citation No:=2023:PHHC:114968



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Civil Revision No. 5052 of 2023                                        2023:PHHC: 114968

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                CHANDIGARH


                          Civil Revision No. 5052 of 2023(O&M)
                          Date of Decision: 01.09.2023

Gurdeep Singh

                                                                    ...Petitioner

Versus


Iqbal Singh & Ors.

                                                                ...Respondents

CORAM :HON'BLE MR. JUSTICE KARAMJIT SINGH


Present:-    Mr. Anmol Puri, Advocate
             For the petitioner.
                   ***

KARAMJIT SINGH, J.

1. The petitioner/ defendant No.2 being aggrieved by order dated

01.08.2023 (Annexure P-8) passed by the Court of learned Additional Civil

Judge (Sr.Divn.), SBS Nagar, whereby the application filed by the petitioner

for consolidation of civil suit titled Iqbal Singh & Ors. Vs. Kulwant Singh &

Ors. with civil suit titled Gurdeep Singh Vs. Harvinder Kaur & Ors. has

been dismissed, has filed the present revision petition.

2. The counsel for the petitioner while assailing the impugned

order has inter alia contended that Iqbal Singh and Harvinder Kaur have

filed one civil suit for permanent injunction to restrain the petitioner and

other persons from interfering into their peaceful possession over the suit

property, while the other suit has been filed by petitioner seeking declaration

to the effect that petitioner along with Inderjit Singh & Ors. is in joint

possession of the suit property, they being occupying the same as a tenants

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Neutral Citation No:=2023:PHHC:114968

Civil Revision No. 5052 of 2023 2023:PHHC: 114968

and that the sale deed dated 09.10.2018 alleged to be executed by

Gurdarshan Singh and others in favour of Harvinder Kaur is illegal and is

not binding on the petitioner and other defendants. The counsel for the

petitioner has further submitted that the matter in dispute involved in both

the civil suits is of same nature and as such in order to avoid passing of

conflicting judgments, both the suits require to be consolidated.

3. I have heard counsel for the petitioner and gone through the

record of the case.

4. There is no dispute regarding the factual assertions made by

counsel for the petitioner. However, this Court is of the view that no ground

is made out to consolidate the civil suits in question, one filed by the

petitioner and other filed by Iqbal Singh and Harvinder Kaur. However, in

order to avoid passing of conflicting judgments, direction can be given to the

learned trial Court to take up and decide both the civil suits simultaneously,

in accordance with law.

5. In light of the above, the present revision petition is dismissed

with directions to the learned trial Court to take up and decide both the civil

suits simultaneously, in accordance with law.

                                                     (KARAMJIT SINGH )
01.09.2023                                               JUDGE
Jiten
             Whether speaking/reasoned : Yes/No
             Whether reportable : Yes/No




                                                      Neutral Citation No:=2023:PHHC:114968

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