1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.828 OF 2007 IN SUIT NO.690 OF 1987 Dr.Bakul Chandulal Mehta .. Appellant. Versus Dr.Bakul C. Mehta & Anr. .. Respondents. Mr.Kamal Khata with Mr.Dilip Rai i/by Mr.J.J. Shah for the appellant. Mrs.P.G. Bhatia for respondent No.2. CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & J.P. DEVADHAR, J. J.P. DEVADHAR, J. J.P. DEVADHAR, J. DATED : 15th February, 2008 DATED : 15th February, 2008 DATED : 15th February, 2008 P.C. : 1. Challenge in the present appeal is to the order dated 26-09-2007 passed by the learned Single Judge in Suit No.690 of 1987. The plaintiff had failed to prosecute the suit, resulting in dismissal of the suit for non prosecution. The learned counsel appearing for the appellant submits that they had filed a praecipe praying for clubbing of two testamentary suits between same parties and Suit No.690 of 1987. We had called for a report from the Office. As per the report of the registry, the praecipe was filed but the same was not available. Learned counsel appearing for the appellant submits that entry has been made in the register maintained by the Office regaring filing of the praecipe. 2 2. It is further contended that effective steps to prosecute the suits were not taken because prayer for consolidation of hearing of the above three suits was made in the praecipe, as they were pending before different Courts. We hardly find any merit in this contention, but in the interest of justice by way of last opportunity and particularly since there is no serious opposition to this prayer, we set aside the order dated 26-9-2007 and direct that the suit be listed before the learned Judge and in the event of default henceforth in prosecuting the suit by the appellant, the suit shall be liable to be dismissed for non-prosecution without any further reference to the Court. 3. The learned counsel appearing for the parties also agreed that all three suits i.e. T.P. Suit No.22 of 1990, Testamentary Petition No.181 of 1990 and Civil Suit No.690 of 1987 be listed together for their disposal in accordance with law. Request allowed. 4. With these observations, the appeal is disposed of accordingly with no order as to costs. CHIEF JUSTICE 3 J.P. DEVADHAR, J.