Syed Ansari Hussainy v. Shail Zeelan (Died)

THE HON'BLE SRI JUSTICE S.V.BHATT Civil Revision Petition No.418 of 2016 ORDER :

Heard the learned counsel for petitioner and respondents.

The unsuccessful plaintiff/petitioner in I.A.No.124 of 2012 in O.S.No.216 2008 in the Court of Junior Civil Judge, Udayagiri is the revision petitioner. The revision petitioner prayed for clubbing O.S.No.216 of 2008 and O.S.No.313 of 2008 for joint trial. The prayer of revision petitioner was considered and rejected by the trial Court. Hence, the revision. Learned counsel for the petitioner by placing reliance on the order of this Court in C.R.P. No.942 of 2014 and the array of parties in both the suits, causes of action and the prayers, contends that the prayer for clubbing both suits ought to be considered and ordered.

This Court has given consideration to all the efforts made by the learned counsel to persuade this Court to order for joint trial of both the suits. This Court is unable to accept the prayer for clubbing both suits. The reasons given by the trial Court are sound. O.S.No.216 of 2008 is for perpetual injunction and O.S.No.313 of 2008 is filed by one Sri Sri Sri Abid Baba Maharaj Trust, represented by its Managing Trustee, Adusumilli

Madhusudhan Rao for perpetual injunction. The trial Court rightly observed that at this stage of the matter, clubbing of suits is ordered, it leads to complication and confusion. I see no reason to interfere with the order under revision. The Civil Revision Petition is dismissed. No order as to costs.

Miscellaneous petitions, if any, pending in this civil revision petition shall stand disposed of.

______________ S.V. BHATT, J.

Date: 08.03.2016 skmr