1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (St) NO. 27816 OF 2011 Arvind H. Tolye ...Petitioner Versus Jayant Govind Thakkar ...Respondent Mr.S.S.Patwardhan for the Petitioner CORAM:- R.Y.GANOO, J. DATED:- 18th OCTOBER, 2011. P.C. 1. The petitioner filed Special Civil Suit No.140 of 2009 in the Court of Joint Civil Judge, Senior Division, Satara for declaration and injunctions as the petitioner is occupying the premises covered by the aforesaid suit. The respondent no.1 filed Special Civil Suit No.210 of 2010 against the petitioner for eviction of the petitioner from the said premises. The petitioner filed application below Exhibit 20 for stay of Special Civil Suit No.210 of 2010. That application has been in terms rejected by order dated 15.7.2011 passed by the learned Joint Civil Judge, Senior Division, Satara, after considering the 2 application below Exhibit 20 and the relevant averment in Special Civil Suit No.140 of 2009. The learned Judge has declined to stay the proceedings in Special Civil Suit No.210 of 2010 and he has directed the parties to take necessary steps for consolidation of the two suits i.e. to say the two suits be tried together at one and the same time as the premises is the same and the contentions raised by the parties can be conveniently attended to. Looking to the text of the order dated 15.7.2011 I am inclined to observe that the view taken by the learned Judge is possible view which can be taken in the matter and that he has passed the impugned order so as to seek convenience of both the parties, in as much as both the sides are granted liberty to advance their contentions in the suits which will be tried together. In my view, no interference is required in the impugned order. 2. Since the learned Judge has expressed the view that both the suits be tried together and since this court has accepted the said view, instead of asking the parties to approach the learned Principal District Judge for tagging both the suits together, it will be proper if this court passes an order in that way. 3 3. For the reasons mentioned aforesaid, this petition is disposed of by passing the following order. ORDER i) Impugned order dated 15.7.2011 passed by the learned Joint Civil Judge, Senior Division, Satara, below Exhibit 20 does not require interference. ii) The learned Principal District Judge is hereby directed to assign the Special Civil Suit No.210 of 2010 and Special Civil Suit No.140 of 2009 to one Judge who will be competent to take said suit. This be done as expeditiously as possible after the copy of this order is placed before the learned Principal District Judge. There shall be no order as to costs. (R.Y.GANOO, J.)