1 APP 332.2009.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 332 OF 2009 IN SUMMONS FOR JUDGMENT NO. 330 OF 2005 IN SUMMARY SUIT NO. 120 OF 2005 Vinod Ratilal Shah ... Appellant Versus Dinesh Prataprai Mehta ... Respondent Mr. Vinod Ratilal Shah, Applicant in person. Mr. Pankaj Das fir Respondent. CORAM : J.N.PATEL, & : SMT. MRIDULA BHATKAR, , JJ. DATED : 13th AUGUST, 2009. P.C. : 1 In identical suit between the parties i.e. Summary Suit No.359 of 2005 an Appeal was preferred by the appellant-plaintiff being Appeal No. 68 of 2009 impugning the order dated 17th July, 2008 passed in Summons for Judgment No. 334 of 2005, wherein the learned single Judge had passed identical orders 2 APP 332.2009.sxw granting unconditional leave to the respondent–original respondent to defend the suit. Therefore, we do not find any reason to take a different view in the matter and for the reasons stated in the order dated 7th July, 2009 in Appeal No.68 of 2009, this appeal is also allowed. Copy of the order is placed on record and marked “X” for identification. 2 We further direct that Summary Suit No. 120 of 2005 be heard along-with Summary Suit No. 359 of 2005. 3 Appeal stands disposed of accordingly, no order as to costs. 4 Certified copy expedited. Authenticated copy be furnished to the parties. [J.N.PATEL, J] [ SMT.MRIDULA BHATKAR,, J]