M/S Narne Estates Pvt Ltd And ... vs Goli Ashok Reddy And 27 Others
2021 Latest Caselaw 1061 Tel

          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

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

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.

scs