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Bombay High CourtWP/3032/2025disposed off

Tukaram Dnyanu Kadam v. Raju Ganpatrao More

2025-03-05Hon'Ble Shri Justice N. J. Jamadar2 pages

34-WP3032-2025.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3032 OF 2025 Tukaram Dnyanu Kadam

...Petitioner

Versus

Raju Ganpatrao More

...Respondent

SANTOSH SUBHASH KULKARNI SANTOSH SUBHASH KULKARNI Date: 2025.03.06 13:58:59 +0530 Mr. Pradeep Dalvi, a/w Priya Dalvi, for the Petitioner.

CORAM:

N. J. JAMADAR, J.

DATED:

5th MARCH, 2025 PC:- 1.

Heard the learned Counsel for the petitioner. 2.

The challenge in this petition is to an order dated 15th October, 2024 passed by the learned Civil Judge, Sangli, whereby an application preferred by the petitioner to club both the suits i.e. RCS/33/2020 and RCS/243/2021, which are pending before the one and the same Court and record common evidence, came to be rejected.

3.

No fault can be found with the impugned order declining to club the suit.

4.

Mr. Dalvi, the learned Counsel for the petitioner, on instructions, submits that the purpose of the application would be served if both the suits are tried by the same Court, 1/2

34-WP3032-2025.DOC simultaneously. Since the suits are between the same parties and in respect of the same subject matter, simultaneous hearing and disposal of both the suits would advance the cause of justice.

5.

Hence, the petition stands disposed with a request to the trial court to hear and decide RCS/33/2020 and RCS/243/2021 simultaneously yet independently. [N. J. JAMADAR, J.] 2/2