- (1.) The present petition has been filed by the petitioner, challenging the order dated 16/2/2012 passed by the Additional District & Sessions Judge No.6, Jaipur Metropolitan City, Jaipur (hereinafter referred to as 'the Trial Court') in Civil Suit No.61/2009, whereby the Trial Court has dismissed the application of the petitioner, seeking consolidation of the suits being Nos.5/2006(62/2009), 6/2006(64/2009), 29/2006(12/2011) and 51/2006(13/2011).
(2.) The petitioner/plaintiff has filed the suit against the respondent Nos.2 and 3/defendants, seeking enforcement of his right of preemption in respect of the suit property. The plaintiff has also filed the other three suits, seeking similar relief in respect of other suit properties. The petitioner/plaintiff therefore had submitted an application before the Trial Court, seeking consolidation of all the four suits on the ground that all the suits involved simlar questions of facts and law. The said application was resisted by the respondents. The Trial Court ultimately dismissed the same vide the impugned order.
(3.) The learned Senior Counsel Mr. R.K. Agarwal for the petitioner relying upon the decision of Apex Court in case of Ram Prakash Agarwal vs. Gopi Kishan, 2013 11 SCC 296, Prem Lala Nahata & Anr. vs. Chandi Prasad Sikaria, 2007 2 SCC 551 & Chitivalasa Jute Mills vs. Jaypee Rewa Cement, 2004 3 SCC 85 submitted that the Trial Court has committed an error in not consolidating the suits, which are between the same parties, and which involve similar questions of facts and law. He also submitted that the respondent No.2 is the brother of the petitioner, and there was an arbitral award dividing the properties which are the subject matters of the suits in question, and therefore in the interest of justice and to avoid conflicting judgments, the consolidation of all the suits was necessary.;