Gujarat High Court
Kanchanji vs Desai on 17 January, 2012
Author: C.L. Soni
Bench: C.L. Soni
Gujarat High Court Case Information System
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SCA/9083/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9083 of 2011
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KANCHANJI
ROOPAJI KOLI & 1 - Petitioner(s)
Versus
DESAI
MAGANBHAI CHELABHAI & 10 - Respondent(s)
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Appearance :
MR
RJ GOSWAMI for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1 -
11.
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CORAM
:
HONOURABLE
MR.JUSTICE C.L. SONI
Date
: 17/01/2012
ORAL
ORDER
1. This petition under Article 227 is filed against order dated 7th January 2011 passed below Exh. 1 in Civil Misc. Application No. 82 of 2010 whereby learned Principal District Judge, Banaskantha, Palanpur has rejected the application filed by the petitioner for consolidation of two suits being Special Civil Suit No. 15/09 pending in the Court of learned Civil Judge Palanpur and Regular Civil Suit No. 47 of 2009 pending in the Court of learned Civil Judge, Deesa.
2. It is the case of the petitioner that subject matter of the dispute in both the matters is the same, being land bearing revenue survey No. 140 paiki,1 of village Dama. The petitioner has further averred that the petitioner had in fact made an application to be joined as party defendant in the Special Civil Suit No. 15/09, however, the same was rejected, but the suit filed by the petitioner is pending in the Court of learned Civil Judge at Palanpur is in respect of the same property which is the subject matter of the civil suit pending in the Deesa Court. The rights and interest of the petitioner of the property will be affected if both the suits are not tried together. The petitioner has further stated that the petitioner made an application at Palanpur in his suit for consolidation of two suits being Special Civil Suit No. 15/09 pending in the Court of learned Civil Judge Palanpur and Regular Civil Suit No. 47 of 2009 pending in the Court of learned Civil Judge, Deesa on the basis of observations made by this court in order dated 25th March 2011 passed in Special Civil Application No. 3747/11. The learned judge vide order dated 7th January 2011 rejected Civil Application on the ground that the petitioner was not a party in the suit which is pending at Palanpur and that he has got no jurisdiction, for consolidation of two suits which are pending in two different Courts. The learned judge has further observed that since the jurisdiction of both Courts are different, consolidation of the suits could be made only by District Judge. Learned advocate for the petitioner submitted that in fact, the intention of the petitioner is not to delay the proceedings but to see that both the proceedings are heard together and disposed of at the earliest and with this bonafide intention, the application was made for consolidation of two suits. Learned advocate would argue that when the property which is the subject matter of both the suit is the same it will be in the interest of justice that by order for consolidation, both the suits can be heard and decided at one place.
3. I have heard learned advocate for the petitioner. I find no merits in the contention of the petitioner. It is required to be noted that the petitioners are not party in one of the suits though the subject matter in both the suits is the same property in which the petitioners have claimed their rights and interest. Even apart from this, the application made by the petitioner before the learned Civil Judge is in one of the suits filed by one of the parties. Learned Civil Judge has got no power or jurisdiction to order transfer or consolidation of suits and therefore the learned judge has rightly come to the conclusion that he has no jurisdiction or power to transfer the suit which is already pending in other Court. Under the circumstances I find no reason to interfere with the order of the learned judge. This petition being devoid of merits, is rejected.
(C.L. Soni,J.) mary// Top