1 wp no. 946 of 2006 hvn IN THE HIGH COURT OF JUDICUATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 946 OF 2006 Anilkumar T. Pawar ... Petitioner Versus Sanjiv T. Pawar and Ors. ... Respondents Mr. P.S. Dani, Advocate for petitioner. Mr. C.D. Patel, i/by M/s. Kanga and Co. for R. No.3. CORAM : SMT. R.P. SONDURBALDOTA,J. DATE : OCTOBER 12, 2010 P. C.: This Petition filed under Article 227 of the Constitution of India seeks quashing of the order dated 12.12.2005 passed by the 9th Ad hoc Additional District Judge, Pune below application at Exh. 42 filed by petitioner in Special Civil Suit No. 398 of 2001. The Petitioner is original defendant no. 3. The respondent no. 1 is the original plaintiff. 2. In his application at Exh. 42 the petitioner contended that 2 wp no. 946 of 2006 the suit filed by Respondent No. 1 herein is not maintainable as he has not obtained leave of the court under Order 2 Rule 2 of the Code of Civil Procedure for filing Special Civil Suit No. 1061 of 2000. However, while making the prayer in the application, the Petitioner sought prayer neither for dismissal of the suit nor for rejection of the plaint but for stay of the trial in the suit under Section 10 of the Code of Civil Procedure till the decision in Special Civil Suit No. 1061 of 2000. That suit came to be disposed of by the judgment and order dated 30.4.2005, while application of the Petitioner was pending. In the circumstances, there is no need to go into the merits of the petition. Hence petition is dismissed. Rule discharged. Petitioner, however, is at liberty to file a fresh application based on his contention under Order 2 Rule 2 of Code of Civil Procedure. (SMT. R.P.SONDURBALDOTA,J.)