SCA/1285/2006 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 1285 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= = MAHENDRABHAI CHHITUBHAI PATEL - Petitioner(s) Versus BABUBHAI NATHUBHAI RATHOD THR'POWER OF ATTORNEY & 3 - Respondent(s) ========================================= = Appearance : MR NV GANDHI for Petitioner(s) : 1, RULE SERVED BY DS for Respondent(s) : 1 - 3. MR BS PATEL for Respondent(s) : 1 - 3. MRS RANJAN B PATEL for Respondent(s) : 1 - 3. MR MB GANDHI for Respondent(s) : 4, MR CHINMAY M GANDHI for Respondent(s) : 4, ========================================= = CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 30/07/2008 ORAL JUDGMENT 1. Heard Shri N.V. Gandhi, learned advocate appearing on SCA/1285/2006 2/2 JUDGMENT behalf of the petitioner and Shri M.B. Gandhi, learned advocate appearing on behalf of respondent no. 4. 2. What is challenged in the present Special Civil Application is the order passed by the learned trial Court in staying further proceedings of Regular Civil Suit No. 822/2005 in view of pendency of Regular Civil Suit No. 19/2004 filed by respondent no. 4 under Section 10 of the Civil Procedure Code. 3. There is a broad consensus between the learned advocates appearing for the respective parties that let Regular Civil Suit Nos. 95/2003, 19/2004 and 822/2005 be consolidated and heard together by one Court in order to avoid conflicting orders. It is submitted that if such a course is adopted, the same will be in the interest of parties. 4. Under the circumstances, the impugned order passed by the learned trial Court dated 21/11/2005 staying Regular Civil Suit No. 822/2005 under Section 10 of the Civil Procedure Code impugned in the present Special Civil Application is hereby quashed and set aside and it is directed that Regular Civil Suit Nos. 95/2003, 19/2004and 822/2005 be consolidated and heard together by one Court. 5. With this, the present Special Civil Application stands disposed of. Rule is made absolute to the aforesaid extent. (M.R. SHAH, J.) siji