Mohammad Rafiq, J. - (1.) THIS writ petition is directed against the order of the Rent Tribunal, Alwar, dt. 15.01.2013 in Application No. 07/2010, which has ordered consolidation of the petition filed by petitioner landlord for eviction against respondent Ashok Kumar with subsequent petition filed by one Govind Narain relating to same premise, against the tenant, claiming to be the tenant in the same premise. It is contended that aforesaid order has been passed at the instance of tenant Ashok Kumar, who is hand in glove with Govind Narain. It is argued that the dispute about the file of the premise, which is between the same parties, is pending before the civil Court. On that basis, Govind Narain initially filed an application in the petition for eviction filed by the petitioner for his impleadment as party. That application was rejected by the Tribunal. Subsequently, he filed appeal before the Appellate Tribunal, which was also dismissed. In order to circumvent those orders, now he has filed the petition for eviction against Ashok Kumar Vyas, tenant of the petitioner. It is collusive petition and has been filed only with a view to circumventing/frustrating earlier two orders passed by the Tribunal refusing him to be impleaded as a party.
(2.) THE fact that two petitions are pending before the same Court between the same parties and with regard to same property not being disputed, the order of consolidation cannot be faulted. However, it is apparent that the petition for eviction has been filed with a view to frustrate the proceedings in the eviction petition filed by the petitioner before the Tribunal. The argument that the doctrine of sub -judice will apply to that petition, will have to be decided by the Tribunal first and also the argument that the petition is mala -fide and collusive. Even though this Court does not deem it appropriate to interfere with the order of consolidation, the Tribunal is directed to address those issues on priority earlier than deciding both the eviction petitions. While deciding those issues, the Tribunal need not go into the issue of title, which is separately pending consideration in the Court of Civil Judge (Junior Division), Alwar. With that direction, the writ petition is disposed of. This also disposes of the stay application.;