1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.921 OF 2009 Mahanagar Estate .. Petitioner. Vs. Newitt Karl Fernandes & Anr. .. Respondents. Mr.Y.S.Jahagirdar, Sr.Counsel with Mr.Akshay Patel & Hemant Shah i/b I.C.Legal for the petitioner. Mr.P.K.Dhakepalkar, Sr.Counsel i/b Mr.Pankaj J.Das for respondent no.1. Coram: D.B. BHOSALE, J. Dated : 6TH AUGUST, 2009 P.C. . Heard Mr.Jahagirdar, learned senior counsel for the petitioner and Mr.Dhakepalkar, learned senior counsel for respondent no.1. None for respondent no.2, though served. 2. This petition impugns an order dated 17.10.2008 passed by the trial Court in Special Civil Suit No.289 of 2008 on the applications at Exhibit-54 and Exhibit-57. Both these applications (Exhibit-54 and Exhibit-57) were filed by the petitioners for adding them as party defendant in the suit filed by respondent no.1. The suit filed by respondent no.1 is for specific performance of an agreement dated 10.10.1995 executed by respondent no.2. There is no dispute that the petitioners have also filed independent suit bearing Suit No. 2 273 of 2009 against respondent no.2, seeking declaration that an agreement dated 10th October, 1995, executed between respondent nos.1 and 2 is void ab-initio and for specific performance of development agreement executed between the petitioner and respondent no.2. Both these suits are pending in the court of Civil Judge, Senior Division, Pune. In view thereof Mr.Jahagirdar, learned senior counsel for the petitioners submits that the petitioners will be satisfied if the trial Court is directed to club these suits and hear them together. Mr.Dhakepalkar, learned senior counsel for respondent no.1 has no objection for issuing such direction. In view thereof Mr.Jahagirdar does not press this writ petition. In the circumstances I pass the following order: The writ petition is disposed of as not pressed. The Court of Civil Judge, Senior Division, Pune, shall hear and decide Special Civil Suit No.289 of 2008 and Suit No.273 of 2009 together expeditiously. (D. B. Bhosale, J.)