JUDGMENT 1. - Heard learned counsel for the parties. 2. By the present writ petition, the order dated 25.08.2011 of the learned trial court has been challenged by the petitioner - plaintiff. The petitioner - plaintiff filed an application under Section 10 of CPC seeking stay of his own Civil Suit No. 274/92 (117/07), Lichhman Singh v. Mahaveer Singh & Smt. Suraj Kanwar, which was pending in the court of learned Additional District Judge, Ratangarh, District: Churu. 3. The plaintiff, Lichhman Singh claiming himself to the adopted son of late Sh. Hukam Singh, who died in the year 1992, challenged the "Will" in favour of defendant No. 2 - Smt. Suraj Kanwar (daughter of late Sh. Hukam Singh). The plaintiff - petitioner in the application under Section 10 of CPC submitted that the earlier Civil Suit No. 12/1991 (54/1993) Suraj Kanwar v. Lichhman Singh pending in the court of Civil Judge, Ratangarh, which was filed by Smt. Suraj Kanwar D/o late Sh. Hukam Singh, claiming their 'Seva - Puja' rights at 'Bheruji' temple, inter - alia, on the basis of 'Will' executed by late Sh. Hukam Singh in favour of her daughter and son-in- law, namely, Mahaveer Singh. 4. The learned trial court, however, rejected the said application u/s 10 of CPC vide the impugned order dated 25.08.2011 with cost of Rs. 1000/ - finding that the two suits are of different nature and, therefore, there was no need of staying the proceedings in the subsequently suit filed by the present petitioner - plaintiff. However, on the request of the consolidation of trial of two suits, the learned trial court has not expressed any opinion. 5. Mr. O.P. Mehta, learned counsel for the petitioner - plaintiff submitted that the trial of these two suits in question may be consolidated and same may be assigned to the competent court to try both the civil suits simultaneously as essentially the rights of respective parties, inter-alia, flow from the 'Will' executed by late Sh. Hukam Singh, who also adopted the present petitioner - plaintiff, Lichhman Singh under the registered-adoption deed and, therefore, rival rights of the parties can be determined while consolidating the trial. 6. On the other hand, Mr. Hukam Singh, who also adopted the present petitioner - plaintiff, Lichhman Singh under the registered-adoption deed and, therefore, rival rights of the parties can be determined while consolidating the trial. 6. On the other hand, Mr. A.K. Jain, learned counsel appearing on behalf of respondents - defendants submitted that the in the present suit filed by the petitioner, and the suit filed by the defendant No. 2, Smt. Suraj Kanwar, the plaintiff - Lichhman Singh, himself has made an averment in the present suit that there was no connection of validity of 'Will' with the relief claimed by Smt. Suraj Kanwar and Mahaveer Singh in the other suit. He, therefore, argued that the learned trial court was justified in not consolidating the trial of two suits. He further submitted that the petitioner has not made any request before the learned trial court for consolidation of the trial. 7. Having heard the learned counsel for the parties, this Court is of the opinion that the learned trial court has erred in not consolidating the trial or in the alternative request the learned District Judge to consolidate the same and assign it for disposal of two suits to one court to try those suits. Essentially, the subject - matter of the dispute in these two suits flow, inter - alia, from the "Will" executed by late Sh. Hukam Singh in favour of his daughter, namely, Smt. Suraj Kanwar and Mahaveer Singh (son-in-law). Besides that, the plaintiff petitioner had also claimed succession rights in respect of suit property including rights of 'Seva - Puja' of 'Bheruji' temple. Since, the other suit filed by the plaintiff claiming the relief of declaring the 'Will' as invalid Will in law, and the dispute in the two suits essentially is connected and to avoid any different judgment in two trials, it will be in the interest of justice, and the appropriate course of action to consolidate the trial of these two suits. Irrespective of the fact that the plaintiff-petitioner did not make any request before the learned trial court, this Court is of the opinion that trial of two suits deserves to be consolidated. 8. Irrespective of the fact that the plaintiff-petitioner did not make any request before the learned trial court, this Court is of the opinion that trial of two suits deserves to be consolidated. 8. Therefore, this writ petition filed by the petitioner - plaintiff is disposed of requesting the learned District Judge, Churu to consolidate the trial of the aforesaid two suits, namely, Suit No. 274/92 (117/07) - Lichhman Singh v. Mahaveer Singh and Smt. Suraj Kanwar' and Suit No. 12/1991 (54/1993) Suraj Kanwar v. Lichhman Singh , and assign it to one appropriate court, which can try both the suits. The learned trial court, who is assigned the said trial, is expected to expedite the trial. No costs. A copy of this order be sent to the concerned parties and the learned courts below forthwith.Order accordingly. *******