IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 297 of 2007 Decided on: 30th July, 2010. Tilak Raj and others ….Petitioners Versus Ashok Kumar and others …Respondents Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice For the Petitioner: Mr. Satyan Vaidya, Advocate For the Respondents: Mr. Ramesh Thakur, vice counsel _________________________________________________________ Justice Kurian Joseph, C.J. (Oral) Two brothers have been fighting in respect of their ancestral property. It appears that at one stage, there was an understanding between them in respect of part of the joint property. In the meanwhile, the younger brother died. Thereafter certain disputes cropped up with the children of the deceased younger brother with their surviving uncle. That led to the Civil Suit No. 175 of 1998 on the file of Civil Judge (Junior Division), Court No. 2, Amb and Civil Suit No. 47 of 2002, on the file of Civil Judge (Junior Division), Amb, District Una. In Civil Suit No. 175 of 1998 the trial is in progress. After the institution of the suit, it is seen that the elder brother also expired. Thus the surviving fight is between the successors-in-interest. The matter being integrally connected, it is in the interest of both the parties that the two suits are consolidated and decided together. Therefore, there will be a direction to Civil Judge, Amb, to consolidate Civil Suit No. 47 of 2002 alongwith Civil Suit No. 175 of 1998 and dispose of the same by a common judgment, as requested by both sides before this court. 2. There will also be a direction to the Civil Judge to see whether a settlement between the successors-in-interest of two brothers- first cousins is possible by any mode under Section 89 of the Civil Procedure Code. It is also made clear that the suit shall be disposed of untrammelled by any of the observations and findings of the orders passed by the trial court as well as the lower Appellate Court. The petition stands disposed of, so also the pending application(s), if any. Copy dasti. (Justice Kurian Joseph), 30th July, 2010(K) Chief Justice