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2021 Supreme(Kar) 511

SACHIN SHANKAR MAGADUM
SAI CONSTRUCTIONS, A PARTNERSHIP FIRM DULY – Appellant
Versus
MODERN INDIA LIMITED ALSO KONWN AS THE MODERN INDIA LIMITED – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SMT. DEEPA UDIYAR, ADV. FOR SRI A.P.MURARI ADV.

ORDER :

1. The captioned writ petition is filed by the plaintiff challenging the order passed by the Court below on I.A.No.78 filed under Section 151 of CPC, wherein the request made by the plaintiff to club the present suit pending in O.S.No.156/2014 to be clubbed with O.S.No.362/2019.

2. The petitioner/plaintiff has filed present suit in O.S.No.156/2014 seeking relief of specific performance against respondent/defendant on the basis of agreement of sale dated 01.05.2012. The present petitioner has also filed a similar suit bearing O.S.No.130/2014 on the basis of agreement of sale dated 05.11.2010 in respect of some other properties, which was later renumbered as O.S.No.362/2019.

3. The petitioner/plaintiff has filed an application in I.A.No.78 to club both the suits on the premises that the parties in both the suits are one and the same. Learned Judge has rejected the application by holding that both these suits are filed on different suit agreements in respect of different properties and there by the cause of action in both the suits are different and distinct. Hence the question of clubbing both the suits would not arise in the present case on hand. On these set of reasons, the le

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