1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7508 OF 2007 Nandakumar Madha Shet. ...Petitioner. vs. Rahul Prabhakar Patekar. ...Respondent. --- Mr.P.S.Dani, for Petitioner. --- CORAM: D.K.DESHMUKH, J. DATED: 18th JANUARY,2008. P.C.:- 1. By this petition, the petitioner challenges the order passed by the Trial Court staying the suit of the plaintiff in view of the provisions of Section 10 of Civil Procedure Code. It does appear that the subject matter of two suits is the same and the parties to the two suits are almost the same, 2 therefore, no exception can be taken to the order passed by the Trial Court staying the suit. However, considering that the dispute is in relation to the same property and the controversy between the parties is the same and both the suits are in the same Court and the plaintiff and the defendant are the members of a family, in my opinion, it would have been appropriate if the plaintiff had applied for consolidation of both the suits so that both the suits can be tried together. The learned Counsel appearing for petitioner submits that the petitioner is willing to apply for consolidation of both the suits. In view of this statement, therefore, in my opinion, the following order would meet the ends of justice:- In case the petitioner applies for consolidation of two suits and the order is made by the competent Court for consolidation of two suits, the petitioner shall be at liberty to apply before the Trial Court for recall of the order challenged in this petition, in view of the order of the consolidation of the Trial Court. 3 The petition is disposed of. ---