,'^- l;lif 85 HIGHCQURTOII.JUDICATURE CHMAmSGARH: BILASPUR Sjngle Bench : Hon'ble Shri S.R. Nayak, C.J. WritPe«UenNo.4300F PETITIONER RESPQNDENTS versus 1. 2. 3. 4. 5. Smt. Mala Dubey^ W/oSliriT.N.Dubey Aged about 35 years Advocate, HighCourtofC.G. R/o. Geetenjali Nagar, Bilaspur (C^S.) VidyaDeyi,VWo.LakhartLalSaraf R/o. Geetarijali Nagar, Bjlaspur (C.G.) Santosh Sonj, S/o. Jagahnath Soni, Rto. •Geetanjali Nagar, Bitaspur (C.G.) Smt. Tulsi Bai, W/o. Late Navrang ^rawal, R/o Karbala Chowk Bilaspur ^•G-)_.:':::::.; " • •: :' .; i', Ramu De^rangan, S/oNaltyl^Darangan, R/e Near Karhala Ghowk Bilaspur :<e-G-):;';'..ii''::. I ::i : .-' ;':. Vijay Verma, S/o Manga) Verma R/o Karbala Chowk Bilaspur (C^S^ Present : Mr.AmntoDas.leamedcpunsetf&rthepetitioner. Mr. Ravis>h Verma, leariied counsel forthe respondente, s sigil t\ -""( ORALORDER (Passedon 16ul February,2006) The petitioner tias filed Civil Sui(No.16'1-A/2004ifor permanent injunction against ttie; respondents in respeet of the suit tancl KKasra No.284/1, P.C. No.22, area 0.08Deisiniat,situatedat©eetanJaltNa9ar, Bilaspur. The respondents too had filed Civil Suit Noi37-AS004against the petitioner in respect of thesame land. On 9-7-2QQ4,the respjSifictentsi herein fited an apptteation undei' Sectioffi^ilgli oT ths jCotfe ot^ Civilj Procecture before the Court belowfira^ng f&r clubBtng ^both tBe?su)tSi n z' fiiaEStii"' \S.'!'':-i^Ss^'^t3£: and to dispose of the same after common trial. That application was ordered by the Court below and both the suits came to b®clubbed and tried together. When the matter stood thus, the respondents, on 24-7- 2004, filed an application under Section 10 ofthe Code ofCivil Procedure praying for staying the suit ofthe petitioner. That applicatlon is ailowed by the Court below by the impugned order dated 13-01-2005. Hence, this writ petition under Article 227 ofthe Coi?stitution of India. ">.' (2) Having heard learned counsel for the parties, 1 do not think that the Court below is justified in ordering the application filed by the respondents herein under Section 10 of ths Code of Civil Procecfure. The facts stated supra would go to show that it is just and appropriate that both the suits, filed by the rival parties for the same reliefe and that too with regard to the same subject matter, should be clubbed and heard together. Be that as it may, it needs to be noticed that both the suits came to be clubbed, tried together at the instance of the respondents herein En pursuance of an appiication made by them under Section 151 of the Code of Civil Procedure. In that view of the mat?er, ! aliow the writ petition, set aside the order of the trial Court dated 13-01-2005 impugned in this wrlt petition and dismiss the appiication filed by the respondents on 24-7-2004 under Section 10 of the Code of Civil Procedure. Th®parties shall bear their respective costs in this writ petition. -~ —~ Sd/- Chief Justice