:1: :1: :1: 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 CIVIL APPLICATION NO. 2662 OF 2007 IN WRIT PETITION NO. 694 OF 1995 Hiralal Chandrasen Damania ...Petitioners Versus M/s. Galan Real Estate Pvt. Ltd and Ors. ....Respondents ----------- Mr.S.U.Kamdar i/by M/s.Vinod Mistry and Co. Adv. for the petitioners. Miss.Asha Bhambawani Adv. for respondent no.3. CORAM: S.C.DHARMADHIKARI, J. 18th January, 2008. P.C. P.C. P.C. : : : 1. This is a Civil Application preferred by the Writ petitioner in Writ Petition No.694 of 1995. :2: :2: :2: 2. He claims to be a tenant in respect of the premises which are shop premises and more particularly described in para-2 of the Civil Application. 3. He submits that the respondent no.3 to this Writ Petition Deepak Chandrasen Damania is a defendant no.3 in the suit filed in the court of Small Causes from which the writ petition arises. In other words, the Small Cause Court’s order is under challenge in this Writ Petition. He submits that the writ petition is admitted and an interim order is issued in his favour. 4. At the same time, Civil Suit No.232 of 1989 has been filed by respondent no.3 on the Original Side of this court for declaration of his title and that the present petitioner is a trespasser in the suit premises. 5. It is undisputed before me that the suit premises are identical, inasmuch as, the premises in the Writ Petition and the Civil Suit pending on the :3: :3: :3: Original Side are identical. Some of the parties to both litigation are the same. In such circumstances, it would be desirable and in the interest of justice that this Writ Petition is heard alongwith the suit, so as to avoid conflicting orders. 6. Mr.Kamdar, states that the petitioner would seek necessary directions from the Hon’ble Chief Justice, so that this Writ Petition is assigned for hearing and final disposal to the same learned Judge who is trying Civil Suit No. 232 of 1989. Civil Application disposed off accordingly. sd/ *******