The present petitioner by way of filing this petition under Article 227 of the Constitution of India has prayed for quashing of the order dated 15.03.2012 in Partition Suit No. 20 of 2003 passed by the leaned Civil Judge (Junior Division) II Garhwa whereby the learned Court below passed an order to reject the petition dated 20.10.2011 filed by the plaintiff to proceed Partition Suit No. – 34 of 2003 jointly for common issues of partition amongst the parties.

2. Heard the learned counsel appearing for the petitioner-plaintiff and perused the impugned order as well as the materials placed on record.

3. It appears that two separate suits have been filed amongst the same parties. One was filed by the petitioner-plaintiff against the defendants-brothers. Subsequently defendants Nos. 12 and 13 preferred another suit in respect of same property in question. It appears that application was moved by the petitioner-plaintiff to proceed further in Partition Suit No. – 20 of 2003 along with Partition Suit No 34 of 2003, jointly for common issues of partition amongst the parties. The court below rejected the said application by observing that if separate judgments are passed in both the