Sharma vs Rajesh Kumar Sharma
2023 Latest Caselaw 862 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  AO No. 117 of 2022
                                  With
                                  AO No. 223 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Siddhartha Singh, Advocate, for the appellant in AO No.117 of 2022.

Mr. Nikhil Singhal, Advocate, for the respondent in AO No. 117 of 2022.

Mr. Ramji Srivastava, Advocate, for the appellant in AO No.223 of 2022.

Mr. Siddhartha Singh, Advocate, for respondent No.1 in AO No. 223 of 2022.

Mr. Nikhil Singhal, Advocate, for respondent No.2 in AO No. 223 of 2022.

These are two Appeals from Orders. Appeal from Order No. 117 of 2022, Narendra Kumar Sharma Vs. Rajesh Kumar Sharma, has been preferred by the defendant, as against the impugned order of 25th February, 2022, which has been passed by the Court of 3rd Addl. Civil Judge (S.D.), Haridwar, in Civil Suit No. 343 of 2021, Rajesh Kumar Sharma Vs. Narendra Kumar Sharma, whereby, the injunction application preferred by the plaintiff / respondent was allowed, and thereby, the defendant was restrained from evicting the plaintiff, except without due resort to the process of law, and no third party interest was directed to be created.

On preferring of this Appeal from Order on 12th April, 2022, notices were issued and no interim order was granted by this Court.

of 2022, Chandra Prakash Sharma Vs. Narendra Kumar Sharma and another, has been preferred by the plaintiff /appellant, as against the impugned order dated 30th April, 2022, passed in Original Suit No.401 of 2021, Chandra Prakash Sharma Vs. Narendra Kumar Sharma and another, whereby, the application for grant of temporary injunction in the aforesaid Suit was rejected by the Court of Civil Judge (S.D.), Haridwar.

In these two Appeal from Orders, which are emanating from different Suits, there happens to be an inter se dispute in relation to the property amongst the real brothers. Since the two Suits are pending consideration before the different Civil Courts, this Court is of the opinion, that in order to avoid any material contradiction in the judgment of adjudication of rights to be rendered by the two Civil Courts ceased with the two Suits, as referred to hereinabove, the matter is first required to be placed before the learned District Judge, to consolidate the two Suits in view of the provisions contained under Order 4A of the CPC, as it was inserted in its applicability to the State of U.P. This direction would be complied with by the District Judge within a period of two weeks from the date of presentation of the certified copy of this order, and he would assign the Court to decide the two suits.

Since there happens to be an inter se dispute between the brothers as referred to above, this Court feels it apt, that in order to finally resolve the dispute amongst the real brothers in relation to the immovable property, for which, they are having a rival claim, the Appeal from Orders are being disposed of with the request to the Court, which is thus to be nominated by the District Judge, under Order 4A of the CPC, to decide the aforesaid two Suits, as expeditiously as possible, but not later than six months from the date of the presentation of the certified copy of this order.

During the pendency of the two Suits before the Court, thus to be nominated by the District Judge, the injunction order as granted by the Court of 3rd Addl. Civil Judge (S.D.), would stand modified to the extent in its applicability, that during the pendency of the Suit, none of the parties to the proceedings of both Suits would create any third party interest in any manner whatsoever.

Subject to the aforesaid, the Appeal from Orders stand disposed of.

(Sharad Kumar Sharma, J.) Dated 29.03.2023 Shiv