Civil Revision No. 7053 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 7053 of 2009 (O&M) Date of decision: 22.12.2009 Surinder Kumar .. Petitioner v. Darshana Devi alias Pushpa Garg and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. S. K. Jain, Advocate for the petitioner. Mr. Ajay Jain, Advocate for the respondents. ... Rajesh Bindal J. Prayer in the present petition is for setting aside of order dated 24.10.2009, passed by the learned court below, whereby the application filed by the petitioner under Section 10 CPC for stay of proceedings in the suit was dismissed. At the time of notice of motion, learned counsel for the petitioner restricted his claim to the extent that ends of justice would be met in case both the suits are clubbed and tried together considering the fact that subject-matter of the suits is same. The petitioner filed a suit for declaration against Smt. Biro Devi (mother) (since deceased), Pushpa Garg alias Darshana Devi (sister), Sham Lal (brother) and Janak Dulari (brother's wife). The subject-matter of the suit is land measuring 26 kanals and 10 marlas comprised in Khasra No. 682/4 (25-6) and 682/1(1-4). The petitioner in his suit inter-alia claimed ownership on the basis of a family settlement. He further challenged gift deed No. 3082 dated 20.7.2005 executed by late Smt. Biro Devi in favour of her daughter-Pushpa Garg @ Darshana Devi and gift deed No. 3104 dated 22.7.2004 executed by Sham Lal in favour of his wife-Janak Dulari, whereas in the suit filed by by Darshana Devi against Janak Dulari, Biro Devi and Sham Lal, ownership of the same property is sought to be claimed on the basis of gift deed No. 3082 dated 20.7.2005 executed by Biro Devi in her favour. Challenge was made to gift deed No. 3104 dated 22.7.2005. After the death of Smt. Biro Devi, she is now represented by Surinder Civil Revision No. 7053 of 2009 [2] Kumar as her legal representative. Considering the fact that subject-matter of dispute in both the suits is the same property and also the issue under consideration is two gift deeds, in my opinion, it would be appropriate if proceedings in both the suits are clubbed and decided by the same court to avoid any contradictory judgment. Ordered accordingly. The proceedings of the subsequent suit bearing No. 300A dated 9.4.2007 shall now stand transferred to the court where Civil Suit No. 341 dated 15.6.2006 is pending. The parties in both the suits are directed to appear before the court concerned on 21.1.2010, which is stated to be the next date of hearing fixed therein. The date of hearing in the suit to be transferred shall stand preponed to 21.1.2010 from 27.1.2010. The appeal stands disposed of. (Rajesh Bindal) Judge 22.12.2009 mk