Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 1741 of 2019 Petitioner :- Shameem Ahmad @ Shama Respondent :- Nadeem Ahmad And 2 Others Counsel for Petitioner :- Saurabh Trivedi,Pradeep Kumar Rai
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present writ petition has been filed seeking setting of the judgment and order dated 25.1.2019 passed by the Civil Judge (Senior Division), Meerut consolidating the proceedings of Civil Suit No. 886 of 2009 and 276 of 2015 filed as Annexure-7 to the petition. A further prayer to stay effect and operation of the 25.1.2019 passed by the Civil Judge (Senior Division), Meerut consolidating the proceedings of Civil Suit No. 886 of 2009 and 276 of 2015 has also been made.
By the impugned order two suits being Original Suit No. 886 of 2009 and Original Suit No. 276 of 2015 have been consolidated on the ground that in both the suits the property Shop no. 146 Sarai Khair Nagar Meerut is common and the first suit is regarding injunction whereas the second suit is regarding claiming possession and in both the suits plaintifff Shamim Ahmad and defendant Salim are common. The court below has recorded that both the suits can be decided by common evidence and as such to avoid multiplicity of the proceedings both the suits were consolidated.
The aforesaid facts could not be dislodged by the learned counsel for the petitioner I do not find any good ground to interfere in the order impugned herein.
This writ petition is devoid of merit and is, accordingly, dismissed. No order as to costs.
Order Date :- 26.4.2019 p.s.