Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 4790 of 2019 Petitioner :- Ashwani Kumar Mishra And 3 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashwaini Mishra Counsel for Respondent :- C.S.C.,Ashish Kumar Singh
Hon'ble Manoj Kumar Gupta,J.
Heard learned counsel for the parties.
The instant petition is directed against the order dated 26.02.2019 whereby the court below has declined to consolidate Original Suit No. 680 of 2018 with Original Suit No. 624 of 2018.
Shri Ajay Kumar Singh, learned counsel for the respondents, on instructions, states that he has no objection in case both the cases are clubbed together. He, however, urged that the case set up by the petitioners that they are tenant on behalf of the respondents in a shop in the disputed house is not correct.
In view of the statement made by the learned counsel for the respondents, the instant petition is allowed. The impugned order is hereby set-aside. Both the suits shall stand consolidated and shall be tried together. The Trial Court shall pass specific order as to which case would be the leading case.
It goes without saying that the issue as to whether the petitioners are tenants of any shop in the house in question would be decided by the trial court on merits, after evidence is led by the parties, and the mere fact that the suits have been consolidated would not be treated to be expression of any opinion on merits in favour of the petitioners.
Order Date :- 25.7.2019 VR (Manoj Kumar Gupta, J.)