1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.1421 OF 2009 Kunal s/o Ashokrao Aher and ors. PETITIONERS. V E R S U S Goverdhan s/o Mohanlal Karva and ors. RESPONDENTS. Shri S.B. Bhapkar, Advocate for the petitioners. Smt. Anjali Dube for R-1,2,5,8 to 10 CORAM : B.R. GAVAI, J : DATE : 2nd JULY, 2009 PER COURT :- 1. By way of present petition, the petitioner challenges the order passed by the learned Civil Judge (S.D). dated 17.01.2009 thereby rejecting the application filed by the present petitioner for consolidating the Spl.C.S.No.4/2003 and Spl.C.S.No.276/2004. 2- The respondent No.1 has filed suit against the respondents No.6 and 7 who are the parents of the present petitioner for specific performance. Another suit has been filed by the present petitioners claiming that the agreement of sale entered into by the respondent No.7 in favour of the respondent No.1 is bogus and not binding on them. The present petitioners therefore filed an application for deciding both the suits together. Said application is rejected. 3- Shri Bhapkar, the learned counsel appearing on behalf of the petitioner has submitted that the learned trial court has erred in rejecting the application. He submitted that court has power u/s 2 151 to grant consolidation. He relies on the judgment in the case of M/s Chitivalasa Jute Mills petitioner vs. M/s Jaypee Rewa Cement respondent reported in AIR 2004 S.C. 1687. 4- Smt. Anjali Dube, the learned counsel appearing on behalf of the respondents on the contrary submitted that the learned trial court has rightly rejected the application. 5- From the record, it would be seen that though suit filed by respondent no.1 is filed in the year 2003 the application for consolidation has been filed only on 24.10.2008 i.e after a period of almost five yeas. No cogent reason have been given for filing of such an application at belated stage. No doubt, as held by the Apex Court in the aforesaid case, the court is empowered to consolidate the suit taking recourse of section 151 of Civil Procedure Code. However, it can be seen that it is the discretion of the Court as to whether two suits should be consolidated or not ? No perversity could be found in the discretion exercised apart from that as already stated herein above application has been filed at a belated stage. In that view of the matter, no interference is warranted in exercise of extra ordinary jurisdiction of this Court under article 227 of the Constitution of India. Hence, rejected. ( B. R. GAVAI ) JUDGE ..... aaa/wp1421.09