JUDGMENT 1. - In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for quashing the order dated 30.1.2009 passed by the Additional District and Sessions Judge (Fast Track) No. 1, Bhilwara; whereby, the application filed by the respondent-defendants under Section 10 C.P.C. was allowed and it is ordered that till disposal of Suit No. 113/2007 the proceedings of Suit No. 134/2005 pending in the Court of Additional District No. 2, Bhilwara shall remain stayed. 2. Learned counsel for the petitioner submits that if finding is given by the Trial Court that cause of action of both the suits are same then order for consolidating both the suits was to be passed but contrary to the fact the order has been passed to stay the proceedings in the Suit No. 134/2005, therefore, the order dated 30.1.2009 may be quashed and set aside. 3. After hearing learned counsel for the petitioner, I am of the opinion that petitioner is required to file an application before the Trial Court for consolidating both the suits. No order can be passed in this writ petition to quash the order dated 30.1.2009 which is based upon facts. 4. In this view of the matter, while maintaining order dated 30.1.2009 this writ petition is disposed of with liberty to the petitioner to file an application for consolidating both the suits for adjudication. In the event of filing such application, it is expected from the trial court that application filed by the petitioner for consolidation of both the suits will be considered and decided in acccordance with law without it prejudice to any finding given in the order dated 30.1.2009 by the Additional District Judge No. 1, Bhilwara.Petition disposed of. *******