M. d. Uthaiah (deceased) by Lrs. v. Mandep Anda Aiyanna
2008-07-29
RAVI MALIMATH
body2008
DigiLaw.ai
ORDER The petitioners application under Section 151 of the Civil Procedure Code, 1908 to club O.S. No. 212 of 1989 together with O.S. Nos. 240 of 1989, 242 of 1990, 151 of 1995 and 161 of 1996 has been rejected by the Court below by the impugned order. Hence, this petition. 2. The Trial Court, while passing the impugned order, has come to the conclusion that the application deserves to be rejected since the reliefs claimed and the subject-matter of the suits being different, it is inconvenient to club the suits together. 3. I have heard the learned Counsels appearing on both the sides. 4. It is seen that the schedule property in all the suits arise out of the parent Sy. No. 85 situated at Byrambada Village. The different suits seeking various reliefs are with reference to the very same Sy. No. though different fractional numbers were given to the schedule property. I, therefore, of the view that in the interest of justice, it is necessary that all the suits be heard together since the schedule property and the parties thereon are one and the same, it would avoid multiplicity of the proceedings and on the other hand, no prejudice would be caused to the respondents. 5. Hence, I pass the following order. The impugned order dated 18-1-2002 passed by the learned Principal Civil Judge (Junior Division), Virajpet, on LA. No. XXIII in O.S. No. 212 of 1989 is quashed. The Trial Court is directed to club and hear O.S. No. 212 of 1989 together with O.S. Nos. 240 of 1989,242 of 1990, 151 of 1995 and 161 of 1996 and pass appropriate orders in accordance with law. Due to the long pendency of the suits, the Trial Court is directed to dispose off the suits within a period of six months from the date of receipt of copy of this order and if possible to take up the matter on day today basis. Petition disposed off accordingly.