-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.5864 of 2007 Usman Ibrahim Mujawar ..Petitioner vs. Mirasaheb Mohammad Mujawar and others ..Respondents Shri T.S.Ingale for petitioner. Shri Sandeep K.Shinde for respondent nos. 1 to 11. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 30th January, 2008 th January, 2008 th January, 2008 P.C. P.C. P.C. 1. This petition under Article 227 of the Constitution of India challenges the common order below Exh.75 and Exh.78 in Reg.Civil Suit No.63 of 2006. It appears that defendant nos.1 to 3 and 5 to 11 filed an application (Exh.75) praying for staying the trial of the suit being Reg.Civil Suit No.63 of 2006 till the second appeal no.714 of 2006 is decided by this Court. Another application (Exh.78) was preferred by defendant no.4 praying for issue of jurisdiction to be framed so also the issue of maintainability and the same be tried as a preliminary issue. 2. By common order application Exh.78 is -2- rejected whereas the application Exh.75 is allowed. The result is that the trial in Reg.Civil Suit No.63 of 2006 is stayed till hearing of the subject second appeal. 3. After this matter was heard for some time both sides agree that if the suits are consolidated, then, there would be no prejudice to the parties. The prayer for staying the trial of the Reg.Civil Suit No.63 of 2006 till Reg.Civil Suit No.5 of 2001 is heard and decided will not be pressed, in that event. 4. Thus, both sides agree that these suits would be consolidated accordingly. In other words, trial of Reg.Civil Suit no.5 of 2001 and trial of Reg.Civil Suit no.63 of 2006 is consolidated. However, it is directed that recording of evidence shall be taken up in Reg.Civil suit no.5 of 2001 first and at the conclusion of the same other civil suit can be taken up. Such an agreement being arrived at by the parties, it is not necessary to decide any larger issues. By consent of the parties, order below Exh.75 is quashed and set aside. In so far as the issue of maintainability and jurisdiction of the Trial Court is concerned, -3- that issue, if it arises, shall be framed in Reg.Civil Suit no.63 of 2006. 5. Needless to state that the parties and more particularly the appellant in Appeal from order no.714 of 2006 shall apply for appropriate orders so that the directions issued by this Court in Civil Application no.959 of 2006 in the said Appeal from Order do not conflict with the directions issued in this petition. Petition is disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)