Durga Mandir Committee vs Manoj Kumar And Others
2024 Latest Caselaw 9274 P&H

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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Neutral Citation No:=2024:PHHC:059260

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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