ORAL JUDGMENT

Heard Shri Kutti, learned counsel for the petitioners and Shri Wani, learned counsel for respondent No.1.

2.Rule. Rule made returnable forthwith. With the consent of the parties, the matter is taken up for final disposal at admission stage.

3.The only grievance made in this petition is that there are two different suits pending between the same parties in respect of the subject matter which is identical in nature in the courts subordinate to District Court, Jalgaon. Application was made in Regular Civil Suit No.411/99 by the petitioner herein for assigning both the suits to one and the same court. Trial court disposed of the application holding that the court of the first instance has no jurisdiction to issue such order and has further observed that the petitioner may approach appropriate forum and make necessary request. The petitioner has approached this court by presenting writ petition. Writ petition is presented in the month of March 2008 and while entertaining petition, this court directed issuance of notice to other side for final disposal of petition at admission stage on 3-4-2008.

4.In accordance with provisions of section 23 of the Code of Civil Pr