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
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