Transfer application
kayskhan
(Querist) 22 June 2014
This query is : Resolved
Respected Sir An injunction /Eviction suit is pending before the Honb’le court since from 18 years waiting for justice.
The plaintiff is owner and possession of the house by virtual of sale deed dated 16-04-1996 same sale deed registered by sub registrar Srinagar the plaintiff become the absolute owner of the said property and a shop in its ground floor which had been in the rental possession of tenant.
That till date the tenant totally failed to pay the rent toward the land lord from the date of execution instead of paying rent toward plaintiff he filed fake suit of injunction against plaintiff and harassing without any cause of justification. The court asked for witnesses but tenant failed to call his whiteness applying tact’s of delaying and filed an application change the structure/Minor repair of said disputed shop in connection the both suits the principal judge directed an order the both suits heard jointly and posted same date that was just direction, and the present judge 2nd additional Munsiff passed orders the parties are same in the both suits suit of disposal let the both files be clubbed and warned to opposite side call the whole witness and don’t vaste the time of court now the opposite side filed an transfer application diarizes to front of disst. Judge the application is submitted as under the honble court of 2nd add. munsiff instituted separately that the suits have been consolidated by honbl’e court vide order the 2nd munsiff proceeding twice week in rush to dispose of the matter seems to surpass the interest of land lord/plaintiff.
My question is can the disst. Judge permitted/accept this kind of application for transfer because they blaming on Munsiff 2nd additional the high court order is passed if the old cases are pending before the court of law finished whole them and what can do our counsel for this matter if any order passed by delhi court/high court please gudie us that will be your's most kind ness
Devajyoti Barman
(Expert) 22 June 2014
sorry citations are not supplied here.
Query is not clear to me.
Clubbing of suits of similar nature is permissible.
