Chitambaresh, J.
There is a procedural irregularity in the court below disposing of O.S.Nos.85/1997 and 20/1997 separately. This is because the plaint schedule property in both the suits overlapped. Moreover, the parties to O.S.No.20/1997 are also parties to O.S.No.85/1997. But then the plaintiff in O.S.No.85/ 1997 is not a party to O.S.No.20/1997.
2. It appears that gift deed dated 16/12/1972 is upheld in O.S.No.20/1997. How far the said finding is binding on the plaintiff in O.S.No.85/1997 is the moot question. Neither the gift deed (original or certified A.S. Nos.1038 of 1998, 10 and 734 of 1999-: 2 :- copy) nor the judgment in O.S.No.20/1997 are produced in O.S.No.85/1997. There has been a casual approach to the question by the parties to the suit in O.S.No.85/1997.
3. We set aside the judgment in O.S.No.85/1997 and remand the suit to the court below. The court below shall consider as to the validity or otherwise of the gift deed dated 16/12/1972. Any decree passed in O.S. No.85/1997 will supersede the decree in O.S. No. 20/1997. The parties are entitled to apply for a final decree in accordance with the preliminary decree in O.S.No.85/1997. No separate final decree need be passed in O.S.No.20/1997 in the circumstances.
4. We however find that the defendants 2, 3 and 4 in O.S.No.85/1997 are guilty of laches. It is stated that the second defendant who is one of the donees did not produce the gift deed in court. But nothing precluded the other defendants from obtaining a certified copy or taking other earnest steps. We therefore feel that the defendants 2, 3 and 4 are liable A.S. Nos.1038 of 1998, 10 and 734 of 1999-: 3 :- to pay cost to the plaintiff. A sum of `30,000/- (Rupees Thirty thousand only) shall be paid to the plaintiff in O.S.No.85/1997 within one month. The plaintiff in O.S.No.85/1997 is the appellant in A.S.No.1038/1998.
5. The cost shall be paid within six weeks from today failing which A.S.Nos.1038/1998 and 10/1999 will stand dismissed. The court below will endeavour to pass a fresh judgment in case the condition above is complied within time. All the parties shall be afforded sufficient opportunity to adduce further evidence. The suit in O.S.No.85/1997 shall be disposed of within a period of five months from today.
A.S.No.734/1999 is disposed of. A.S.Nos.1038/ 1998 and 10/1999 are remanded subject to the condition above. No costs.
Sd/-
(V. CHITAMBARESH, JUDGE) Sd/-