JUDGMENT/ORDER 1. This petition is directed against the impugned order dtd. 5/9/2022 passed by the learned Senior Civil Judge and JMFC., Kanakapura (for short, hereinafter referred to as "the Reference Court") in LAC.No.56/2014, whereby the application filed by the petitioner - claimant No.2 under Sec. 151 CPC was rejected by the Reference Court. 2. Heard Sri Skanda R.K.Rao, learned counsel appearing for the petitioner, Sri K.Abhinav Anand, learned counsel appearing for respondents 1 and 2 and Sri P.V.Chandrakshekar, learned counsel appearing for additional respondent No.3 - KIADB and perused the material on record. 3. The material on record discloses that in the proceedings in LAC.No.56/2014 under Sec. 18 of the Land Acquisition Act, 1894 (for short, hereinafter referred to as "the Act") before the Reference Court, petitioner was arrayed as claimant No.2, while respondents 1 and 2 are the remaining claimants. 4. In view of the rival dispute regarding title, entitlement, apportionment and payment of compensation between the petitioner and respondents 1 and 2, reference proceedings under Ss. 30 and 31 of the Act are pending before the Reference Court in LAC.No.24/2014. 5. During the pendency of LAC.No.56/2014, petitioner moved the instant application under Sec. 151 of CPC seeking stay of further proceedings in the said reference till the disposal of LAC.No.24/2014, which was also pending before the said Reference Court. By the impugned order, the Reference Court proceeded to reject the application filed by the petitioner. Being aggrieved by the same, petitioner is before this Court by way of the present writ petition. 6. The material on record undisputedly discloses that the subject matter of both LAC.No.56/2014 and LAC.No.24/2014 are one and the same apart from the fact that the parties to both the proceedings are also same. It is relevant to state that while LAC.No.56/2014 arises out of the proceedings under Sec. 18 of the Act, LAC.No.24/2014 arises out of the proceedings under Ss. 30 & 31 of the Act. Under these circumstances, since common questions of fact and law arises for consideration in both the reference proceedings, I deem it just and appropriate to set aside the impugned order passed by the Reference Court and exercise my powers under Article 227 of the Constitution of India and direct the Reference Court to consolidate and club both LAC.Nos.56 and 24 of 2014 and dispose of the same together in accordance with law within a stipulated time frame. 7.
7. In the result, I pass the following: ORDER i) Writ Petition is hereby allowed. ii) The impugned order is hereby set aside. iii) The Reference Court is hereby directed to consolidate and club both LAC.Nos.56 and 24 of 2014 together and dispose of the same in accordance with law, within a period of four months from the date of receipt of a copy of this order, after providing sufficient and reasonable opportunity to both the parties. iv) All rival contentions are kept open and no opinion is expressed on the merits/demerits of the case.