1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1772 OF 2009 WITH WRIT PETITION NO.1771 OF 2009 Vijay Panddharinath Nyati & Anr. ..Petitioners. V/s. Smt.Mona Mukund Vaidya & Ors. ..Respondents. Mr.Anilkumar Patil for petitioners. Ms.Kiran Bhagalia i/b. Ms.Asha Bhambwani for Respondent Nos. 5 to 9. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 26, 2009. DATE : FEBRUARY 26, 2009. DATE : FEBRUARY 26, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. In deference to the observations made by the Court, Counsel for the Petitioners submits that the Petitioners will not press for the relief claimed in the application for impleadment as party defendants to the suit, but would be content if the suit filed by the Petitioners being Special Civil Suit No.33 of 2009 is also assigned to the same Judge, who is proceeding with the trial of two earlier suits pending before him in respect of self-same suit property. The request seems to be reasonable one. 2 3. Counsel appearing for the contesting Respondents has no objection for adopting that course of action. In the circumstances, the District Judge, Nashik is directed to assign the case to same learned Judge, who shall proceed with the suit filed by the Petitioners being Special Civil Suit No.33 of 2009 in accordance with the law. 4. It is made clear that this order is in no way an expression of opinion that because of reference of the suit filed by the Petitioners, the proceedings of the earlier two suits, which have reached the stage of Judgment will have to be stalled for any reason-except required for the circumstances arising in the said suits and not otherwise. 5. Petitions disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)