1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8128/2009. (Yashwant s/o Bhagwan Shashtri (Deceased) through His L.Rs. - 1. Nitin Yashwant Shashtri and Ors. Vs. Vasant s/o Sahadu Pawar (deceased) through L.Rs.) - Manik s/o Vasantrao Pawar and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.AK Gugale, Adv. h/for Mr. AM Gholap, Adv. for petitioners; *** CORAM : K.U.CHANDIWAL ,J. DATE : 21 st October, 2010. ... 1) Heard finally. 2) The petitioner presented RCS no. 227/1998 seeking injunction while the Respondent in writ petition filed RCS No. 291/1998, seeking possession of the property. 3) Though at the end of submissions Mr. Gugale, learned counsel for petitioners made innocuous request to at lest direct the learned Judge to hear both the suits simultaneously, however, his earlier submissions of clubbing both the suits together would not be possible for the following reasons, - (a) The nature of both the suit is quite distinct, as even if the property is identical, however, the reliefs claimed and the status that has been 2 alleged, it has long drawn ramifications on the outcome of the lis; b) The earlier exercise in terms of Section 10 of CPC below Exhibit-31 has been rejected on 29.1.2003; c) Another application below Exhibit-56 with identical prayer was not pressed. d) The present application (Exh.84) is heard and the order passed thereon, rejecting the same, is dated 20.08.2009. 4) This illustrate the successful delay in the suit of 1998. 5) Considering these two aspects, the learned Judge was justified in rejecting the application seeking clubbing both the suits. 6) The writ petition lacks merit, dismissed. No costs. 7) However, if, the learned Judge, as per his table of assignment, is in a position to take up both the suits simultaneously, he will endeavour to do so. (K.U.CHANDIWAL) JUDGE bdv/