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ASHOK S. KINAGI
Kashyap N. Patel – Appellant
Versus
Jaya N. D. Patel – Respondent
JUDGMENT
Ashok S. Kinagi, J. - This writ petition is filed by defendant No. 2 challenging the order dated 17.11.2017 passed on the interlocutory application in O.S. No. 493/2011 by the II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru.
2. Brief facts leading rise to filing of this petition are as under:
The petitioner filed a suit in O.S. No. 402/2010 against the respondents for declaration and possession of suit schedule property. Respondent No. 4 herein filed a suit in O.S. No. 493/2011 for specific performance of contract. In the suit-O.S. No. 493/2011, respondent No. 4 filed an application for clubbing O.S. No. 402/2010 with O.S. No. 493/2011. The said application was opposed by the petitioner by filing objection contending that suits cannot be consolidated on the ground that parties are different in both the suits and relief sought in both the suits are different and hence, prayed to dismiss the application. The trial Court after hearing the parties allowed the application filed by respondent No. 4. Hence, this writ petition.
3. Heard learned Senior counsel Sri Shashikiran Shetty for Sri. M Jagadeesh for the petitioner and learned counsels for respondents.
4. Le
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 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 decision to consolidate two suits involving the same property, emphasizing the necessity to avoid multiplicity of proceedings and ensure justice.
Intention beyond clubbing suits is to avoid duplication and also to avoid conflicting judgments when same subject matter is involved in both suits.
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 ....
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