1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3663 OF 2008 WRIT PETITION NO. 3663 OF 2008 WRIT PETITION NO. 3663 OF 2008 Shri Jayant Atmaram Marathe ... Petitioner (Org.Defendant) Versus Symbiosis Society ...Respondent (Org.Plaintiff) Mr. D.M.Gupte, Advocate, for the petitioner. Mr. Sarang Aradhya, Advocae, for the respondent. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE: 24th November, 2008. DATE: 24th November, 2008. DATE: 24th November, 2008. P.C P.C P.C 1. Heard the learned Counsel for the parties. 2. The petitioner before this Court had filed Civil Suit No.682 of 1994 in the Court of Small Causes at Pune, seeking declaration that he is a tenant of the 2 defendants/respondents. That suit was dismissed and against dismissal of that suit, he has preferred Civil Appeal No.723 of 2005 which is pending before the District Judge, Pune. Pending that appeal, the respondent No.3 - Symbosis Society had filed Special Civil Suit No.64 of 2006 seeking possession of the property on the ground that the present petitioner is a trespasser. According to the petitioner, the trial Court has framed the issues and in one of the issues, the burden is cast on the petitioner to prove that he is a tenant and the trial Court is also not willing to stay the proceedings of Special Civil Suit No.64 of 2006 till decision in the appeal. 3. After hearing the parties, I am satisfied that the issue of tenancy as pleaded by the petitioner is also involved in Civil Appeal No.723 of 2005 which is pending. Therefore, it will be desirable that the Appeal be expedited and disposed of and the Special Civil suit No.64 of 2006 be taken up thereafter. As far as framing of issues are concerned, I do not see any reason to interfere in the same. 4. Therefore, in my considered opinion, the following directions will meet the ends of justice :- 3 (i) The District Judge, Pune, shall expedite the hearing of Civil Appeal No.723 of 2005 and shall dispose of the same on merits after hearing both parties, preferably within three months from the receipt of writ. (ii) The trial Court dealing with Special Civil Suit No.64 of 2006 shall take up the trial of that suit after decision in Civil Appeal No.723 of 2005. The Petition stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)