:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 939 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.J.G.Damani, Adv. for the petitioner. Ms.E.A.Gonsalves for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 12TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. The order that I propose to pass upon this Writ Petition will sufficiently protect the rights of both sides. The order that is proposed by consent is that L.C.Suit No. 441 of 2007 and S.C.Suit no. 389 of 2006 be taken up together by the concerned court for disposal, so as to avoid any conflicting orders. The suit filed by the petitioner who is the original applicant in L.C. Suit No.441 of 2007 is a substantive suit against the :2: :2: :2: plaintiff in L.C.Suit No.441 of 2007 and prays that the said plaintiff, Mrs.Goretti David has no right, title or interest in the property. The suit which the said Mrs. Goretti has filed, is against the BMC impugning a Notice under Section 351 read with Section 488 of the said Act. In that suit, the petitioner applied for joining himself as a party, but, that application having been rejected, this Writ Petition. 2. Now, the Principle Judge should assign both suits to one court and the Trial Judge to whom the suits are assigned shall first take up Suit No.389 of 2006 for recording of evidence and thereafter Suit No.441 of 2007. However, both suits should be clubbed together and decided by the same court. All contentions of both sides therein are kept open. The Learned Judge to whom the Suits are assigned to endeavour and dispose them off expeditiously. sd/- (JUDGE)