BEER BAHADUR v. SPECIAL JUDGE E.C.ACT GONDA and OTHERS
A227/1683/2000 · 2025-04-04
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134324 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134324 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19014 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1683 of 2000 Petitioner :- Beer Bahadur Respondent :- Special Judge E.C.Act Gonda And Others Counsel for Petitioner :- D.R.Shukla,Dadu Ram Shukla (D.R. Shukla ) Counsel for Respondent :- C.S.C.,Ambrish Tripathi,M.S.Jaiswal,N.N.Jaiswal,Pankaj Verma,Umajeet Gupta Hon'ble Pankaj Bhatia,J. C.M. Application No. IA/17 of 2025
1. Heard learned counsel for the applicant.
2. The cause shown is sufficient.
3. The application is allowed.
4. The order dated 10.01.2025 is recalled. The petition is restored to its original file and number.
Order Date :- 4.4.2025/Arun
Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1683 of 2000 Petitioner :- Beer Bahadur Respondent :- Special Judge E.C.Act Gonda And Others Counsel for Petitioner :- D.R.Shukla,Dadu Ram Shukla (D.R. Shukla ) Counsel for Respondent :- C.S.C.,Ambrish Tripathi,M.S.Jaiswal,N.N.Jaiswal,Pankaj Verma,Umajeet Gupta Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the parties and perused the material brought on record.
2. The present petition has been filed by the petitioner alleging that two suits, being Suit No. 220 of 1995 as well as Suit No. 43 of 1995, are pending in respect of the same property, one being for cancellation of sale deed and the other being for injunction. An application was moved for consolidating the two suits, however, the said application was rejected on the ground that the nature of the two suits is different. The revision preferred against the said order was also rejected.
3. Considering the fact that the parties to the two suits are same and the list in the said two suits arises out of the same property, there is no reason why the mandate of Order IV-A as amended in the State of Uttar Pradesh would not apply. Accordingly, the two orders are set aside. The two suits are directed to be consolidated. As the suits are very old of the year 1995, both the said suits shall be consolidated and shall be decided within a period of one year.
4. The petition is disposed of in terms of the above.
Order Date :- 4.4.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench