1 54-7345-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7345 OF 2010 Shri Balechand K. Mulla & Others .. Petitioners Vs. Subhash B. Kumbhoje & Others .. Respondents. Mr. Vijay Killedar, for Petitioners. Mr. P.M.Arjunwadkar, for Respondent Nos.1 to 3. CORAM : B.R.GAVAI, J. DATE : 7th JANUARY, 2011. P.C.: 1 Rule. Rule made returnable forthwith. Heard by consent. 2 By way of present application, Petitioner challenges the order dated 21st June, 2010 passed by the Learned Joint Civil Judge, Junior Division, Kurundwad below Exh. 240 in RCS No.55 of 1992. 2 54-7345-10.sxw 3 The Petitioner takes exception to the impugned order since according to the Petitioner, the application is allowed with entirety. I find that the application of the Petitioner is unwarranted. In earlier application below RCS No.145 of 1994, the learned Judge has directed that the evidence in all the three suits is to be recorded jointly. The impugned order is passed only on the basis of the said order dated 9th April, 2009. The impugned order says that “Already my learned predecessor had passed order below Exh.181 for taking evidence together”. In that view of the matter, I am of the considered view that the impugned order will have to be read to the effect that the evidence in all the three suits is to be recorded jointly. 4 Writ Petition is disposed off with the above observations. 5 However, taking into consideration that the suit is old suit, the learned Trial Judge is directed to dispose off the matter within a period of six months from today. (B.R.GAVAI, J.)