Judgment : 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 Procedure, an application for transfer of suits shall have to be made to the appellate court having jurisdiction to deal with the appeals arising out of the suits. Normally, application should have been made under section 23 of the Code of Civil Procedure to the District Court. However, the petitioner has approached this court and this court while entertaining the petition has directed issuance of notice for final disposal of petition at admission stage. This court also in exercise of powers under section 24 of the Code of Civil Procedure can issue suitable directions for assigning both the suits to one and the same court for disposal in accordance with law. So also in exercise of jurisdiction under Article 227 of the Constitution of India, such a direction whenever required can be issued. In the facts and circumstances of this case, therefore, I deem it appropriate to direct the District Judge, Jalgaon, to assign both the suits i.e. Regular Civil Suit No.411/99 and Special Civil Suit No.75/2006 to one and the same court for disposal in accordance with law. In this view of the matter, writ petition stands allowed. Rule is accordingly made absolute. In this view of the matter, writ petition stands allowed. Rule is accordingly made absolute. In the facts and circumstances of the case, there shall be no order as to costs. 5.Pending civil application, if any, stands disposed of.