Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5005 of 2018 Petitioner :- Subendra Verma And 4 Others Respondent :- Jitendra Kumar And Another Counsel for Petitioner :- Ajay Kumar Singh,Ashish Kumar Singh Counsel for Respondent :- Vivek Kumar Singh,Mayank Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Ashish Kumar Singh, learned counsel for the plaintiffs-appellants-petitioners and Sri Vivek Singh appears for the contesting defendants-respondents.
The petitioner is assailing the validity of the order impugned dated 10.07.2018 passed by Additional District Judge Court No. 13, Meerut in Civil Appeal No 208 of 2016 as well as Civil Appeal No. 211 of 2016 as well as the order dated 06.01.2017 passed by the same court whereby the application to consolidate two civil appeals had been rejected.
Sri Ashish Kumar, learned counsel for the petitioner in support of the submission states that the one suit was instituted by the defendant-respondent and another was instituted by the plaintiff-appellant-petitioners. The suit filed by the defendant-respondent had been decreed whereas the suit filed by the appellant-petitioner was rejected. The two appeals had been preferred by the petitioners and in the said proceeding an application was moved by the petitioners to consolidate two civil appeals being Civil Appeal No. 208 of 2016 and 211 of 2016. It is submitted that the endeavour of the petitioners is to expedite the proceeding, and as such, there is no justification that both the appeals may be heard separately.
Sri Vivek Singh who appears for the respondent- defendant, very clearly states that the endeavour of the defendant-respondent is also that the proceeding by the all means is to be expedited. For the last two years the plaintiff-appellant-petitioners are delaying the proceedings on the one reason or the other. In case, both the appeals are heard together and the same are decided without any further delay in the matter, he would have no objection.
The parties are with the agreement that the proceeding are to be finalized in the interest of the justice. In such a situation, the Court is of the considered opinion that the order impugned is unsustainable and it is, accordingly, set aside. It is also informed that the proceeding of appeal is at the advance stage.
In the facts and circumstances, the matter is relegated to the Additional District Judge Court No. 13, Meerut to decide both the appeals together and it has also been assured by the parties to this Court that they would not seek any unnecessary adjournment in the matter.
Consequently, the writ petition stands disposed of. The first appellate court may decide both the appeals simultaneously without giving any unnecessary adjournment to either of the parties except upon payment of substantial cost of Rs. 1000/-, preferably within six months.
Order Date :- 17.9.2018 Arun Gangwar