SBCWP NO.8781./2008 – SMT. PRAMILA CHOUDHARY AND ANR. V/S SANJAY CHHAJJER . :JUDGMENT DTD.23.7.2009 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.8781/2008 Smt. Pramila Choudhary and anr. Versus Sanjay Chhajjer PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.M.C. Bhoot, for the petitioners. Mr.R.K. Thanvi, for the respondent. DATE OF JUDGMENT : 23rd July, 2009. JUDGMENT 1. This petition is directed against the order dtd.6.10.208 whereby the learned trial Court stayed the proceedings of suit No.68/2005 – Sanjay V/s Pramila Chaudhary and ors. on the ground that another suit between the same parties and other parties through whom these parties were claiming was already instituted on 8.7.2004, namely, suit No.184/2004 new number 29/2007 - Pramila V/s Deepat Bhati and ors. including Sanjay Chhajed , plaintiff in suit No.68/2005 which was instituted later on on 23.5.2005. The said earlier suit is pending in the Court of learned Additional Dist. Judge (Fast Track) No.2, Jodhpur, whereas the later suit in which the impugned order has been SBCWP NO.8781./2008 – SMT. PRAMILA CHOUDHARY AND ANR. V/S SANJAY CHHAJJER . :JUDGMENT DTD.23.7.2009 2/3 passed is pending in the Court of learned Additional Civil Judge (Senior Division) No.2, Jodhpur. 2. The learned counsel for the defendant Pramila Chaudhary in present suit No.68/2005 submitted that since the trial of this suit was expedited under the directions of this Court in the writ petition filed earlier and the suit had reached the stage of final decision, therefore, Section 10 C.P.C. could not be invoked by the learned trial Court suo moto and the proceedings of this suit could not have been stayed on the ground that other suit between the parties though instituted at earlier point of time was pending in another court, namely, the Additional Dist. Judge (Fast Track) No.2, Jodhpur. 3. After hearing the learned counsels at some length, this Court put it to the counsels on both the sides as to why even at this stage, both the suits in question may not be consolidated and tried and decided finally by the Court of learned Additional Dist. Judge (Fast Track) No.2, Jodhpur. To this proposition, both the counsels fairly do not object. Therefore, in the facts and circumstances of the case, this petition is disposed of with a direction to the learned trial Court of Additional Civil Judge (S.D.) No.2, Jodhpur to transfer the record of suit no.68/2005 to the Court of learned Additional Dist. Judge ( Fast Track) No.2, Jodhpur. The Court of learned Aditional Dist. Judge (Fast Track), No.2, Jodhpur shall consolidate both the suits SBCWP NO.8781./2008 – SMT. PRAMILA CHOUDHARY AND ANR. V/S SANJAY CHHAJJER . :JUDGMENT DTD.23.7.2009 3/3 No.68/2005 transferred from the Court of learned Additional Civil Judge (Senior Division) No.2, Jodhpur to his Court and suit No.29/2007 (old No.184/2004) pending in his Court and decide both the suits simultaneously after completing the process of trial pending in suit No.29/2007 (184/2004) already pending in his Court. In the facts and circumstances of the case, the learned Additional Dist. Judge (Fast Track) No.2, Jodhpur is requested to expedite the trial and conclude the same and pass decision on both the suits within a period of three months from today. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.1. Ss/-