Shri. Vijaykumar @ Nagendra Bhupal Magdum Decd Thru Lhr v. Shri. Suresh Vasant Kumbhar And ORS

901.7576.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 7576 OF 2019 SHRI. VIJAYKUMAR @ NAGENDRA BHUPAL ....PETITIONER MAGDUM SINCE DECEASED THR. LRS V/s.

SHRI. SURESH VASANT KUMBHAR .....RESPONDENTS AND ORS Mr. Akshay A. Kulkarni for the Petitioner Mr. Vijay Killedar for Respondents CORAM :

NITIN W. SAMBRE, J.

DATE:

FEBRUARY 18, 2022.

P.C.:

1) Heard respective counsel. Order impugned is passed below Exh. 48 in R.C.S. No. 92/2009 thereby staying further proceedings in the Suit.

2) As far as R.C.S. No. 32/2009 is concerned, same is for possession whereas R.C.S. No. 92/2009 is for specific performance. 3) The fact remains that in both these suits, the subject matter is same i.e. immovable property and the parties are also same as 1/2

901.7576.19 wp.doc Defendants in R.C.S. No. 92/2009 are Plaintiffs in R.C.S. No. 32/2009.

4) In the aforesaid background, having regard to the fact that there might be overlapping evidence on the same issues, judicial discipline warrants that both these suits be tried together. 5) As such, both above referred suits be clubbed and be decided together.

6) Writ Petition stands disposed of in the above terms. [NITIN W. SAMBRE, J.] 2/2