WPMS No. 1328 of 2006 Hon'ble Prafulla C. Pant, J. Mr. Lalit Belwal, Advocate, present for the petitioners. Mr. Sharad Sharma, Senior Advocate, assisted by Mr. Kamlesh Lohni, Advocate, present for the respondents No. 3 & 4. Heard. By means of this petition, petitioners have sought writ in the nature of certiorari quashing the order dated 25.05.2006, passed by respondent No. 1 (District Judge, Haridwar) in Civil Revision No. 76 of 2004, and order dated 02.08.2004, passed by the trial court in Civil Suit No. 131 of 2003. It appears that there are two suits, pending before the trial court i.e. Suit No. 86 of 2003 and Suit No. 131 of 2003 in respect of same property. In one of the suits evidence has already been recorded. The petitioners had moved an application to consolidate the two suits under Order 4A, Rule 1 of C.P.C. (as amended by State of Uttar Pradesh, applicable to State of Uttarakhand). Having heard learned counsel for the parties and after going through the papers on record, this Court is of the view that had evidence in one of the suits not already been recorded, it would have been just and proper on the part of the trial court to consolidate the suits as provided under Order 4A, Rule 1 C.P.C., but in the present case in one of the suits evidence has been recorded. In the circumstances, this Court is of the view that the trial court has committed no error of law in rejecting the application of the petitioners to consolidate the two suits. For the reasons as discussed above, this petition is dismissed summarily. (P.C.P., J.) 24.08.2009 NS