CR No.6765 of 2010 (O&M) ****** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.6765 of 2010 (O&M) Date of decision:14.10.2010. Anoop Kumar Joshi …Petitioner Versus Anand Sarup Joshi and others …Respondents CORAM : HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Gaurav Chopra, Advocate, for the petitioner. ***** RAKESH KUMAR JAIN, J. This revision petition is directed against the order dated 17.07.2010 passed by the learned Civil Judge (Junior Division), Chandigarh by which an application filed by the petitioner for consolidating the suits, has been dismissed. It is alleged by the petitioner that he has filed a suit for separate possession by way of partition of House No.2303, Sector 22-C, Chandigarh, whereas a suit for specific performance of agreement to sell in respect of the same property is also pending in the same Court. It is alleged that the issues involved are similar, therefore, both the suits may be clubbed together and one of the suits may be taken up for the purpose of deciding both the suits in order to avoid divergent judicial orders. However, the said prayer of the petitioner has been declined by the Court below on the ground that the subject matter of both the suits are altogether different, therefore, they have to be decided independently. I have heard learned counsel for the petitioner who has repeated the same argument which has been noticed above. - 1- CR No.6765 of 2010 (O&M) ****** In my opinion, the subject matter of both the suits are altogether different because in the suit for partition, the plaintiffs are seeking separate possession by way of metes and bounds, whereas in suit for specific performance, the prospective vendee is seeking help of the Court for the purpose of performance of the agreement which is denied by the vendor. Therefore, I do not find any error in the order passed by the learned Court below and hence the revision petition is found to be without any merit and is hereby dismissed in limine, however, without any order as to costs. October 14, 2010. ( RAKESH KUMAR JAIN ) Vinod* JUDGE - 2-