1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 3120 OF 2011 (Kiran Gangadharrao Senad .vs. Nagpur Improvement Trust and Ors.) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ. DATED : SEPTEMBER 28, 2011. Heard Mr.V.S.Bapat, Adv. for petitioner, Mr.S.M.Puranik, Adv. for respondent no.2 and Mr.Bhandarkar, Adv. for respondent no.3. The contention of Mr.Bapat is that the unauthorised construction made by respondent no.3 was removed twice and has again come up. Though the petitioner has filed Misc. Civil Application no.73 of 2010 against that structure u/s. 286 (5) of the City of Nagpur Corporation Act before the District Judge-3, Nagpur, the proceedings are pending without any progress since the last about two years. Mr.Bhandarkar, Adv. for respondent no.3 is disputing this position. He also wants to attract attention of this Court to the factual matrix. Mr.Bhandarkar, Adv. states that respondent no.3 has submitted that plan for 2 sanction and because of Regular Civil Suit No.533 of 1995 filed by present petitioner, that plan is not beings sanctioned. Mr.Chhabra, Adv. for respondent no.1 states that respondent no.3 has also filed Regular Civil Suit No.1297 of 2005 in the matter. In this situation, we direct the learned Principal District Judge, Nagpur to transfer both the Civil Suits to one and the same Court for their joint trial after consolidating the same. The suits are directed to be decided as early as possible and in any case, within a period of six months after the same are transferred to one Court. The proceedings in Misc. Civil Application No.73 of 2010 are expedited and the said Court (Court of District Judge-3) is directed to decide the said Misc. Civil Application also within six months. However, it is made clear that the adjudication therein shall be subject to orders of Civil Court in the matter. In view of this, the grievance of the petitioner does not survive. Hence, with liberty to the petitioner to approach this Court again if required, present petition is disposed of. JUDGE JUDGE jais