1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8731 OF 2006 Chandrakant Ramakanth Pise & Ors. .. Petitioners. Vs. The State of Maharashtra & Ors. .. Respondents. Smt.Sushma Singh for the petitioners. Mr.Nitin Mulye i/b S.S.Kanetkar for respondent no.5. Mr.S.D.Rayrikar A.G.P. for the State. Coram : D.B. BHOSALE, J. Dated : 9TH SEPTEMBER, 2009 P.C. . Mrs.Singh, learned counsel for the petitioners submits that she has instructions to withdraw this writ petition and seek directions to the trial Court to dispose of regular civil suit No.10 of 2006 filed by respondent no.5 within timeframe. She further submits that the petitioners have also filed Special Civil Suit No.44 of 2007. In view thereof, she submits that the petitioner’s suit (special civil suit no.44 of 2007) and R.C.Suit No.10 of 2006 be clubbed and directed to be decided together. Counsel for the respondents have no objection for allowing the petitioners to withdraw the writ petition. Having considered the submissions of learned counsel I pass the following order: (a) The writ petition is disposed of as withdrawn. (b) The trial Court shall decide R.C.Suit No.10 of 2006 2 expeditiously. (c) It is open to the petitioners to file appropriate application seeking clubbing of special civil suit no.44 of 2007 with R.C.Suit No.10 of 2006 within a period of four weeks from today. If such an application is filed, the trial Court shall consider the same on merits in accordance with law. If both the suits are clubbed they may be disposed of expeditiously. (d) The trial Court shall decide the suit on merits in accordance with law and without being influenced by the observations made in the impugned judgment. With these observations the writ petition is disposed of. (D. B. Bhosale, J.)