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RAVI NATH TILHARI
Ghousia Sulthana – Appellant
Versus
P. Yugandhar – Respondent
JUDGMENT :
(Ravi Nath Tilhari, J.)
Heard Sri Saranu Phani Teja, learned counsel for the petitioner.
2. The petitioner Smt Ghousia Sulthana is the defendant No.3 in O.S.No.47 of 2016 on the file of the XIII Additional District and Sessions Judge, Gajuwaka, Visakhapatnam District. The said suit was filed by the plaintiff/1st respondent herein namely P. Yungandhar for a decree of specific performance of contract to execute sale deed in terms of the agreement of sale dated 15.04.2010, alleging its execution by the 3rd defendant of the said suit Smt Ghousia Sulthana as also the 1st defendant, namely, Rahamatulla Shariff. The 3rd defendant Smt.Ghousia Sulthana of O.S.No.47 of 2016 had previously filed O.S.No.42 of 2016 against the three defendants, including Sri Rahimtulla Sharif (2nd defendant in her suit) for declaration in her favour that, she was the absolute owner of the suit schedule property, in terms of the alleged registered gift settlement deed 08.08.2008 along with some other prayers.
3. The plaintiff P. Yugandhar in O.S.No.47 of 2016 filed I.A.No.1315 of 2022 to consolidate both the suits i.e., O.S.No.42 of 2016 and O.S.No.47 of 2016, both pending in the same Court for joint t
The court upheld the trial court's decision to consolidate two suits involving the same property, emphasizing the necessity to avoid multiplicity of proceedings and ensure justice.
The central legal point established in the judgment is the importance of avoiding contradictory judgments on the same subject matter and the necessity of consolidating suits to save time and prevent ....
Consolidation of suits under Section 10 of the Code of Civil Procedure is permissible if the suits involve common questions of law and fact, and consolidation would avoid conflicting opinions and ser....
Consolidation of suits under Sec. 151 of CPC is permissible for practical reasons, convenience, and to prevent conflicting judgments, expenses, and delay, while retaining the separate identity of the....
The court upheld the trial court's discretion in rejecting consolidation of suits at different stages to avoid delays and conflicting decrees.
The central legal point established is that when two suits involve the same property, parties, and similar evidence, they should be consolidated to avoid conflicting judgments and serve the interest ....
Stay of suit – For applicability of Section 10 of C.P.C. there must be complete identity of entire two suits – Section 10 was never intended to take away inherent power of Court to consolidate for in....
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