1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1275 OF 2010 Chichwad Devsthan Trust & Ors. .. Petitioners versus Mrs.Devi Nitin Nahar .. Respondent Mr.S.V.Pitre i/by Manoj Wadekar & Associates for the petitioners. CORAM : A.S.OKA, J. DATE : 23rd February 2010. P.C.: . Heard learned counsel appearing for the petitioners. The petitioners are defendants in a suit filed by the respondent. By the order impugned in this writ petition, application for restoration of the said suit has been allowed and the suit has been restored. 2. The learned counsel appearing for the petitioners submitted that in fact the petitioners have filed a suit for possession against the respondent in respect of the suit property. He invited my attention to the written statement filed by the petitioners in the suit filed by the respondent in which they have stated that they do not intend to dispossess the respondent without following due process of law. He submitted that no purpose will be served by restoring the suit filed the respondent. Lastly, he prayed that if this Court is not inclined to interfere, both, suit may be ordered to be heard together. 2 3. I have considered the submissions. The only effect of the impugned order is that the suit filed by the respondent which was dismissed in default has been restored. Therefore, this is not a case where interference can be made in writ jurisdiction. However, the prayer made for clubbing both the suits together is reasonable. It appears that both the suits relate to the same property, but the same are pending in different Courts at Pune. 4. The petition is rejected. 5. The learned Principal District Judge will issue necessary direction for transferring Regular Civil Suit No.123 of 2007 and Civil Suit No.197 of 2007 to one and the same Court. (A.S.OKA,J)