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CASE NO.: Appeal (civil)  1866 of 2008

PETITIONER: Niyaz Ahmed

RESPONDENT: Aslam Hossain and Anr

DATE OF JUDGMENT: 10/03/2008

BENCH: B.N. AGRAWAL & G.S. SINGHVI

JUDGMENT: JUDGMENT O  R  D  E  R

CIVIL APPEAL NO.1866 OF 2008 (Arising out of S.L.P. (C) No.15477 of 2006)

       Heard learned counsel for the parties.         Leave granted.         It appears that the Trial Court, by its order dated 13th September, 2005,  stayed further proceeding of Title Suit No.48 of 2003 till the disposal of Title Suit  No.163 of 2001. Thereafter, on 19th November, 2005, suo motu, the aforesaid order of  stay was vacated.  When the appellant made a prayer for time to move the High  Court challenging the said order, the same was refused and on 1st December, 2005, ex- parte decree was passed, which has been confirmed by the lower appellate court as  well as by the High Court.  Hence, this appeal by special leave.         In the facts and circumstances of the case, we are of the view that both the  suits ought to have been tried together and Trial Court was not justified in passing  the order of stay on 13th September, 2005, suo-motu vacating the same on 19th  November, 2005, and other consequential orders. ....2/-

- 2 -         Accordingly, the appeal is allowed.  The aforesaid orders passed by the  Trial Court on 13th September, 2005 and 19th November, 2005 and ex-parte decree  passed in Title Suit No.48 of 2003 and orders confirming the same passed by the lower  appellate court as well as by the High Court are set aside and the matter is remitted to  the Trial Court to dispose of both the suits together.         We have been told that Title Suit No.163 of 2001 is pending before the Civil  Judge (Senior Division) whereas Title Suit No.48 of 2003 is pending before Civil  Judge (Junior Division).  The concerned District Judge is directed to club both the  suits so that both of them may be tried together.         Let hearing of the suits be expedited.