Karunakar Mohanty vs Subhasini Patra And Others

K.R. Mohapatra, J

This matter is taken up through hybrid mode.

This CMP has been filed for a direction for early disposal of CS No.02 of 2016 and CS No.65 of 2017 pending in the Court of learned Civil Judge (Senior Division), Gunupur.

It is submitted by Ms. Jena, learned counsel for the Petitioner that both the suits have been filed for partition. In CS No.65 of 2017, preliminary decree has already been passed without impleading the present Petitioner as a party, who is also a co-sharer. Accordingly, an application under Order I Rule 10 (2) CPC was filed in the final decree proceedings, which was disposed of vide order dated 5th January, 2019 directing the Plaintiff therein to implead the present Petitioner as a Defendant. The said direction was not carried out intentionally by the Plaintiff to harass the Defendants. The Petitioner is aged about 72 years. He has also filed a suit, i.e., CS No.02 of 2016 for partition of the self-same property, which is pending before the same Court. She, therefore, submits that interest of justice will be best served, if both the suits are taken up analogously and a common judgment and decree is passed.

In view of such submission, this CMP is disposed of with a direction that in the event, the Petitioner files an application for analogous hearing of both the suits, the same may be considered in accordance with law keeping in mind that preliminary decree has already been passed in CS No.65 of 2017, but vide order dated 5th January, 2019, the Petitioner has been directed to be impleaded as a party to the said suit.

Learned trial Court should also make an endeavour for early disposal of both the suits to avoid any multiplicity of litigation.

This CMP is disposed of accordingly.

Urgent certified copy of this order be granted on proper application.

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