1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3755 OF 2008 ALONGWITH WRIT PETITION NO. 3858 OF 2008 S.B. Javir S.S. Javir ........ Petitioners versus M/s. Punnet Enterprises & ors ........Respondent. Mr. P.L. Naik adv. for the Petitioners Mr. K.S. Dewal adv. for the Respondent no.2. CORAM: A. P DESHPANDE, J. DATED : 25th November, 2009. P. C.: 1. In the present writ petitions, the petitioners have challenged an order passed by the trial court directing impleadment of respondent no.2 as party/defendant in the suit filed by the petitioner. Plaintiff’s suit is for specific performance of an agreement and injunction whereas the respondent no.2 claims to have purchased the same property from the respondent no.1 under a registered agreement of sale. Acting on the said document, the respondent no.2 has filed a suit for possession against the present petitioner. The subject matter of the suit filed by the petitioner and the one filed by the respondent no.2 is same. 2 Both the parties have claimed their title through respondent no.1. As the trial court found that the respondent no.2 has registered agreement of sale in his favour, the impleadment has been permitted. The impugned order thus does not suffer from any illegality, having regard to the judgment of the Apex court reported in 2007(10) SCC. 82 in the case of Sumtibai and ors. Vs. Paras Finance Co.. 2. However, having regard to the nature of the dispute and the controversy it would be in furtherance of cause of justice that all the three suits are tried together by the same court. Both the learned counsel appearing for the petitioners and the respondent no.2 are in agreement that the three suits bearing nos. 745/07, 746/07 and 667/07 be tried together by same court. In view of the concession made available by the learned counsel for the respective parties and having regard to the nature of controversy, I deem it appropriate to direct the District Judge to assign all the three suits bearing Nos. 745/07, 746/07 and 667/07 to one court for the trial and disposal together. Ordered accordingly. The present writ petitions are therefore disposed of. (A. P. Deshpande, J.)