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High Court of Punjab and HaryanaCR/5617/2019disposed of

Deepak Varma v. Sanjeev Verma

2023-04-25Mr. Justice Arun Monga2 pages

CR-5617-2019 (O&M) 2023:PHHC:059636

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-5617-2019 (O&M) Date of decision: 25.04.2023 Deepak Varma

...Petitioner

VS Sanjeev Varma

...Respondent

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Mukund Gupta, Advocate, For the petitioners.

Mr. A.S.Narang, Advocate, For the respondent.

*** ARUN MONGA, J. (ORAL) Revision petition is directed against impugned order dated 19.07.2019 (Annexure P-9), vide which application for appointment of local Commissioner and application under Order 14 Rule 5 read with Section 151 CPC for framing additional issues, was dismissed. 2.

While issuing notice of motion, a coordinate Bench presided over by Mr. Sudip Ahluwalia, J. (as he then was in this Court) passed the following order dated 19.09.2019:

"Notice of motion for 23.01.2020, on the limited question, whether the two Civil suits between the parties pending in the same Court can be heard and decided together. Ld. Court below may record the evidence, if any, intended to be led into rebuttal, but shall not pass any final orders in the Suit before further directions." 3.

Perusal of the above shows that notice of motion was for the limited extent whether the two suits pending in the same Court on the same cause of action are to be heard and decided together. VANDANA 2023.05.03 11:26 I attest to the accuracy and integrity of this document

CR-5617-2019 (O&M) 4.

In the present case, having seen the nature and controversy involved, it would be in the interest of justice and to avoid any conflicting judgments, that both the suits are consolidated and tried together. It is so ordered.

5.

Given the parties herein are senior citizens, it is expected of learned Trial Court to expedite the trial without granting any unnecessary adjournments.

6.

Disposed of accordingly.

7.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE 25.04.2023 vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2023.05.03 11:26 I attest to the accuracy and integrity of this document