Akhil Chauhan v. Arun Chauhan & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 199/2018 AKHIL CHAUHAN ..... Petitioner Through:

Ms Pooja Wason, Advocate for Mr U.

P. Rana, Advocate.

versus ARUN CHAUHAN & ANR ..... Respondents Through:

Mr Sanjay Aggarwal, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.07.2019 1.

The petitioner has filed the present petition under Section 24 of the Code of Civil Procedure, 1908, inter alia, praying that the suit bearing C.S. No.612/2017 captioned 'Akhil Chauhan v. Arun Chauhan and Anr.', which is pending before the learned ADJ, Central be withdrawn and tried along with Civil Suit (Comm.) 607/2017 captioned 'Arun Chauhan v. Akhil Chauhan & Anr.'.

2.

The learned counsel appearing for the parties state that the issues involved in the two suits are related. In CS No.612/2017, the plaintiff has sought cancellation of certain documents, such as, agreement to sell, power of attorney etc., in respect of immovable property measuring 1 bigha 6 biswas comprised of Khasra No.20/5/2/2 (2-8) and Khasra No.19/25/2 (3-2) at Village Jharoda Mazra, Burari, Delhi. It is stated that a retail outlet of petroleum products is operated from the said property. The suit pending

before this Court, Civil Suit (Comm.) 607/2017, is for specific performance for transfer of the said property.

It is claimed in the said suit that the documents - cancellation of which are sought in C.S. No.612/2017 - were executed for conveying the said property. Since the issues involved in the two suits are connected, this Court directs the withdrawal of C. S. No.612/2017 captioned 'Akhil Chauhan v. Arun Chauhan and Anr.' to this court.

3.

The petition is allowed in the aforesaid terms. 4.

The parties shall appear before the Registrar (Judicial) on 14.08.2019. VIBHU BAKHRU, J JULY 18, 2019 MK