S.B. CIVIL WRIT PETITION NO.2832/2008 Yashoda & Ors. Vs. Addl. Civil Judge (SD), Rajsamand & Anr. Date of order : 8th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. R.S. Mankad for the petitioner. Mr. Sandeep Saruparia for the respondent. --------- 1. Heard learned counsels. 2. This writ petition is directed against the order dated 14.3.2008 of the learned trial court whereby the learned trial court rejected the application of the defendant Yashoda under Section 10 of the Act filed by her on the ground that prior in point of time a suit was instituted by her on 26.6.2005 claiming that she was tenant of disputed premises and, therefore, could not be dispossessed without adopting due process of law, whereas the present suit was filed by the plaintiff Bheru Lal with the averment that it was a case of mortgage and the present suit was filed for redemption of mortgage. 2. Both the learned counsels agree that the shop in question is common and both the sides have taken different stands about the nature of the right under which the present defendant Yashoda is in possession of the shop in question. 3. In the facts and circumstances of the case, the learned trial court ought to have consolidated both the suits even if it chose to reject the application under Section 10 of C.P.C. 4. Therefore, in the facts and circumstances of the case, this writ petition is disposed of with direction to the learned trial court to try both the suits simultaneously. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.61 babulal/-