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Allahabad High Court · body

2016 DIGILAW 3871 (ALL)

Ashok Kumar Rai v. Civil Judge (S. D. )

2016-12-01

PANKAJ MITHAL

body2016
JUDGMENT Heard Sri D.K. Singh, learned counsel for the petitioners. Learned counsel for the petitioners submits that in respect of property in dispute the respondents earlier filed Original Suit No. 590 of 2014 for a decree of permanent injunction against the petitioners. The said suit is pending but without any interim order therein. Thereafter, the respondents filed Original Suit No. 45 of 2015 seeking cancellation of the free hold deed which was executed by the Varanasi Development Authority in favour the petitioners. In the said suit also they have not been granted any interim order. Subsequently the respondents have filed the present Original Suit No. 736 of 2015 for a decree of injunction without arraying the petitioners as party and has obtained an ex-parte injunction which is adversely affecting the rights of the petitioners. The petitioners have filed application for impleadment in the said suit and objections to the interim injunction application but the same are not being decided. The aforesaid suit is an abuse of the process of law and therefore can not proceed against the petitioners. After some arguments learned counsel for the petitioners submits that since all the three suits are pending before the Civil Judge (Senior Division), if directions are given to consolidate all of them for the purposes of decision, that would sub-serve the interest of justice of all the parties. In view of the aforesaid facts and circumstances, as the suits relate to the same property and have been initiated by the respondents against the petitioners except for suit no. 736 of 2015 wherein petitioners are not party, the petition is disposed of with the direction that all the aforesaid suit be clubbed together and assigned to one court for adjudication and the court concerned will take care to decide the application of the petitioners for impleadment and the interim injunction application finally pending in suit no. 736 of 2015 expeditiously in accordance with law. No case for quashing or rejecting the plaint at this stage that too in exercise of supervisory jurisdiction is made out. The petition stands disposed of as aforesaid.