2016 (2) TMI 1283

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....suits filed by the respective parties and pending before the Tis Hazari Courts at Delhi. Civil Suit No. 43 of 2009 was filed by the respondents herein for declaration and injunction in respect of the plaint schedule property. In respect of very same property, the appellant herein also filed a suit seeking permanent injunction and that suit has been numbered as Civil Suit No. 44 of 2009. The suits ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....005. 2. That this Hom'ble Court consolidated the present suit was another suit titled as Mange Ram Vs. Chander Kanta etc. vide its order dated 8.12.2007. 3. That while passing the order of consolidation dated 8.12.2007, this Hon'ble Court ordered as under :- "It has been so urged on behalf of both contesting sides that trial in two cases be conducted commonly and....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nd ors. It is, therefore, prayed that PW-1 may kindly be examined afresh or opportunity to cross examine the PW1 in Ram Rati Vs. Mange Ram etc. may kindly be granted to the applicant." 3. By order dated 15.04.2008 of the Additional District Judge, Delhi in Civil Suit No. 43 of 2009 filed by the respondents, the suit as against Defendant Nos. 5 and 6 was rejected, holding that the plain....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r order of consolidation of suits dated 8.12.2007 was maintained, further clarifying that the past evidence of plaintiff in Civil Suit No. 44 of 2009, which has already been recorded, to be treated as the main suit. 6. We shall extract the order dated 24.02.2010, which reads as follows :- "Since the facts in this suit and suit No. 43/09 are intertwined even though Plaintiff is no more ....