Rajpal Sharma v. Balwinder Kaur

CR No.2264 of 2018 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.2264 of 2018 Date of decision:05.04.2018 Rajpal Sharma ... Petitioner Vs.

Balwinder Kaur ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Navmohit Singh, Advocate for the petitioner.

AMIT RAWAL J. (Oral) The present revision petition is directed against the impugned order dated 04.12.2017 (Annexure P-1), whereby, an application under Section 10 CPC for staying the suit for permanent injunction filed by respondent, has been dismissed.

Learned counsel for the petitioner after inquiring from the client has divulged that the application for consolidation of both the suits is pending adjudication.

I have heard the learned counsel for the petitioner, appraised the paper book and of the view that the application under Section 10 CPC was not maintainable, much less premature on the ground that petitioner has already availed the remedy of consolidation. Even otherwise, on merit the trial Court noticed the fact that in both the suits; one bearing no.771 of 2016 instituted on 04.06.2016 and another suit bearing No.862 of 2016 instituted Savita 2018.04.16 14:28 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.2264 of 2018 {2} on 02.07.2016, the suit property is same, though the parties are different. The issues in both the cases have not been framed. Resultantly, the revision petition being devoid of merit is dismissed.

(AMIT RAWAL) JUDGE April 05, 2018 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2018.04.16 14:28 I attest to the accuracy and integrity of this document High Court Chandigarh