Lsp 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 WRIT PETITION NO. 6086 of 2008 Haresh D. Mandliya ...Petitioner V/s. Chapsi Amba Charla & anr. ...Respondents Mr. N.H.Shukla for the petitioner. Mr. R.A.Thorat i/b. B.P.Shukla for respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 9TH JANUARY, 2009 : 9TH JANUARY, 2009 : 9TH JANUARY, 2009 P.C. . In view of the arrangement agreed upon between the contesting private parties and which arrangement in my opinion is the appropriate course to be adopted, Counsel for the petitioner submits that this Writ Petition be disposed of on the terms agreed upon between the private parties. In other words, instead of petitioner being impleaded as party defendant to the suit filed by the private respondent (respondent no.1), the suit filed by the private respondent (respondent no.1) and the one filed by the petitioner being LC Suit No. 44/2007, both should proceed together before the same Judge. In as much as the issues raised by the petitioner in the suit filed by him asserting that the structure occupied by the private respondent (respondent no.1) is illegal or unauthorised for the reasons stated in the suit are overlapping. Accordingly, this writ petition is disposed of with direction to the Principal Judge of the 2 Bombay City Civil Court to assign LC Suit No. 3166/2007 and LC Suit No. 44/2007 to one Judge to be proceeded together. 2. It is made clear that this order is not an expression either way on the correctness of the stand taken by the petitioner regarding the suit structure. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]