IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 701 OF 2008 WITH CIVIL APPLICATION NO. 814 OF 2008. M/s.Micro Technologies (India) Ltd. & Anr. ...... ...... Appellants V/s M/s.Haware Engineers & Builders Pvt. Ltd. ...... ......Respondents. Mr.Vaibhav Jogalekar, Counsel with Mr.Vijay Aggarwal, Adv. For the appellants. Mr.Abhay Abhyankar, Sr. Counsel with Mr.Akhilesh Dubey, i/by M/s. M. Tripathi & Co., Adv. For the respondents. CORAM: R.V. MORE, J. 11th DECEMBER, 2008. PC: Heard Mr.Jogalekar, learned counsel for the appellants and Mr.Abbyankar, learned senior counsel for the respondents. Impugned order in present appeal is passed on 26.11.2007. The injunction granted under the impugned order against the present appellants is running till today. In that view of the matter both the learned counsel appearing for respective parties instead of going into merits of the matter agree for early disposal of the special civil suit No.461/05. It is pointed out that the appellants have also filed a suit being special civil suit No.487/08 against the respondents. In view of the concession given learned counsel for respective parties there is no 1 point in keeping the present Appeal from Order pending. Since the subject matter of both the suits viz. Suit No.461/05 and 487/08 is one and the same, I am of the view that without going into the merits of the matter directions can be issued to the trial Court to club both the suits and dispose of the same expeditiously. Hence I direct the learned Civil Judge, Senior Division, Thane to dispose of both the suits viz. Suit No.461/05 and 487/08 as expeditiously as possible and preferably by the end of August, 2009. Both the learned counsel assure this Court that they would cooperate with the trial court in expeditious disposal of the suits and will not seek unnecessary adjournments. 2. Mr.Jogalekar, learned counsel for the appellants submits that he has filed civil application at Ex.5 for interim relief in his Suit No.487/08. He further submits that the order impugned in present appeal from order will come in his way. Mr.Abhyankar, learned senior counsel has no objection if the aforesaid civil application Ex.5 is decided on its own merit and without being influenced by the impugned order in present appeal from order. Order accordingly. Appeal from order stands disposed of. In view of disposal of the appeal from order civil application No.814/08 will not survive and the same also stands disposed of. 11.12.08 (R.V. MORE, J.) 2