1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 5435 OF 2007 (Vijay Gopalkrishna Nair and another .v. Vinayak Laxmanrao Bawane) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : A.P. LAVANDE, J. 25TH JUNE, 2008. Heard Shri R.R. Srivastava, the learned Counsel appearing on behalf of the petitioners. None appears on behalf of the respondent though duly served. By this petition, the petitioners challenge the order dated 25.10.2007 passed by the 7th Joint Civil Judge, Junior Division, Nagpur in Regular Civil Suit No.517/2007 by which the application filed by the present petitioners, who are the defendants in the above suit, for recording common evidence in the said suit and Regular Civil Suit No.1049/2007, filed by the petitioners, which was not ready for trial has been dismissed. Shri R.R. Srivastava, the learned Counsel for the petitioners submits that Regular Civil Suit No.1049/2007 filed by the present petitioners against the respondent is fixed for issues on 02.07.2008 and the 2 petitioners shall thereafter file the application for recording the common evidence in the above suits and the trial Court be directed to decide the application for recording the common evidence. Shri Shrivastava further states that if this Court grants liberty to the petitioners to file such an application with a direction to the trial Court to decide the application, the petitioners will not press the petition. Having regards to the statement made by Shri R.R. Srivastava, the learned Counsel for the petitioners that RCS No.1049/2007 is fixed for framing issues on 02.07.2008, I find no difficulty in granting the prayer made by Shri R.R. Srivastava. In the event the petitioners file an application in RCS No.517/2007 after issues are framed in RCS No.1049/2007 for recording common evidence in the two suits, the trial Court shall consider the same on its own merit and pass order in accordance with law. The petition stands disposed of in aforesaid terms. JUDGE *rrg.