SM 1 15.ao.802.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 802 OF 2010 WITH CIVIL APPLICATION NO. 998 OF 2010 IN APPEAL FROM ORDER NO. 802 OF 2010 Mrs. Mala P. Reastogi and others ....Appellants. Versus M/s. R. T. Enterprises and another ....Respondents. WITH WRIT PETITION NO. 10014 OF 2010 The Commissioner, Mira Bhayander Municipal Corporation ....Petitioner. Versus Rakesh G. Khandelwal ....Respondent. ____________ Mr. Nitin V. Gangal for the Appellant. Mr. R. D. Suryawanshi for the Respondent No. 1. in A.O.No.802/10. Mr. N. R. Bubna for the Respondent No. 2 in A.O.No.802/10. CORAM: R. M. BORDE, J. DATED : DECEMBER 15, 2011. P.C.: This appeal from order and the writ petition can be disposed of by directing the trial Court to decide the pending suits expeditiously. It is stated that the Special Civil Suit No. 97 of 2010 is pending before the Civil Judge, Senior Division, Thane wherein the R.C.S.No. 756 of 2009 is pending before the Joint Civil Judge, Junior Division, Thane. Since both the suits relates to one and the same property, the District Court is directed to issue an order of transfer of R.C.S.No.756 of 2009 from the Court of SM 2 15.ao.802.10 Joint Civil Judge, Junior Division, Thane to the Court of Civil Judge, Senior Division, Thane. The Trial Court is, thus, directed to decide Special Civil Suit No. 97 of 2010 as well as R.C.S.No. 756 of 2009 as expeditiously as possible, preferably within a period of eight months from today. 2. This order is being passed without going into the merits of the controversy in the matter. The parties to the litigation hereinafter shall not create third party interest in relation to the suit property. 3. Both the appeal from order and the writ petition stand disposed of. In view of disposal of the both the appeal from order and the writ petition, pending civil applications, if any, stand disposed of. (R. M. BORDE, J.)