ORDER :

1. Since in both the above captioned petitions, challenge has been laid to order dated 5.10.2019 passed by the learned Civil Judge (Senior Division) Shimla, District Shimla, H.P., in CS No. 103-1 of 2011/10 and CS No. 99-10 of 2007, titled Shri Aswani Sood v. Mohini Devi and parties are the same, both the cases were beard together and are being disposed of vide common judgment.

2. For having bird’s eye view, certain undisputed facts as emerge from the record are that petitioner-plaintiff in both the cases (herein after referred to as “the plaintiff” ) filed two civil suits bearing CS No. 103-1 of 2011/10 and CS No. 99-10 of 2007, titled Shri Aswani Sood v. Mohini Devi, for specific performance of the agreement (Ext.PW12/A) and permanent perpetual prohibitory injunction, restraining the original defendant No. 1-Smt. Mohini Sood, from claiming any right, title or interest in the suit property in terms of the agreement proved on record Ext.PW7/A, whereby original defendant No. 1-Smt. Mohini Sood had agreed to transfer the suit property in favour of the plaintiffs. Since original defendant No. 1-Smt. Mohini Sood expired during the pendency of the suits detailed herein above, plai