1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Writ Petition No. 3098 of 2008 Bhaskarrao Urkudaji Waghmare Vs. Ramesh Anandrao Ghumde Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders CORAM: C. L. PANGARKAR J. Dated: 25 th July, 2008. Heard. This writ petition is filed against the order passed by the District Judge under Section 24 of the Civil Procedure Code whereby transfer of Regular Civil Suit No. 1062 of 2006 for being tried along with Special Civil Suit No. 1057 of 2007 was filed by the present petitioner, one suit is for possession of the suit 2 property on the basis of the sale deed said to have been executed by respondent no. 1 Ramesh. While other civil suit No. 1057/2007 has been filed by Ramesh and others against the present petitioner for declaration and inunction. Respondent Ramesh and others have sought declaration that sale deed said to be executed in favour of the petitioner is null and void. Learned District Judge found that property involved in the suits is identical, parties are identical and both the suits are based on the same sale deeds on which present petitioner seeks possession and defendant seeks declaration. Learned District Judge, therefore, found that both the suits need to be decided together and if they are decided by two different Judges on different occasions it may be that Judges may record different findings. I do not, therefore, think that learned District Judge committed any error in clubbing both the suits for being tried together by the learned Civil Judge. Order does not therefore suffer from any infirmity or illegality. Writ petition is therefore dismissed. 3 If there is any application pending under Order 7 Rule 11 Civil Procedure Code learned Civil Judge should decide that application in accordance with law. JUDGE svk