Varinder Khanna v. Sudhar Sabha Prachin Mandir Bhoot Nath Ji And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-861-2021 (O&M) Date of Decision:07.04.2021 Varinder Khanna

...Petitioner

Versus

Sudhar Sabha Prachin Mandir Bhooth Nath Ji and ors. ....Respondents CORAM: HON'BLE MR JUSTICE ARUN MONGA Present: - Mr.Sanjiv Gupta, Advocate, for the petitioner.

(Presence has been marked through video conferencing) ARUN MONGA, J. (ORAL) Petitioner herein is directed against an order dated 24.3.2021 (Annexue P-7) passed by the learned trial Court, whereby application filed by the petitioner under Section 10 of the CPC was rejected. 2.

The petitioner contention per his application is that the nature of controversy and the dispute involved in the earlier suit bearing CS-3812021 and the later suit bearing CS-426-2021 is same and, therefore, the later suit ought to have been stayed awaited the outcome of the suit filed prior in time.

3.

Having gone through both the plaints appended along with the petition herein, contained as Annexures P-1 & P-3, I am of the view that it would be rather appropriate and expedient if both the suites are tried together.Same would also be in the interest of parties to both the suits. Parties are same and the likely evidence to be adduced by them is likely to be overlapping and/or more or less similar.

SHALINI BHATIA 2021.04.10 13:21 I attest to the accuracy and integrity of this document

4.

It, however, made clear that trying of both the suits shall not, inany manner, be construed to mean as if the same have been consolidated. Trial court to proceed accordingly.

5.

Disposed of in above terms.

(ARUN MONGA) 07.04.2021 JUDGE
 Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No     SHALINI BHATIA 2021.04.10 13:21 I attest to the accuracy and integrity of this document