1 wp10008.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 10008 of 2010 Dadar Aram Co-operative Housing Society Ltd. ... Petitioners v/s. Mrs. Giribala Girish Mhatre ... Respondents Mr. S.S. Kanetkar for the petitioners. MR. P.G. Karande for the respondents. CORAM:- B.R. GAVAI, J DATED :- APRIL 08, 2011. P.C. Rule. Rule, made returnable forthwith. 2. Heard. By consent of the parties taken up for final hearing. 3. The petition challenges the order dated 5th October, 2010 vide which the notice of motion filed by the present petitioners for stay of their suit came to be rejected. 2 wp10008.10.sxw 4. The Suit No. 948/2001 is filed by the respondents against the present petitioner for a declaration that he is a tenant of the suit premises. The said suit has been decreed. Being aggrieved thereby the appeal has been preferred by the present petitioners before the Division Bench of Small Causes Court. The second Suit i.e. Small Causes Suit No. 4076/2000 has been filed by the present petitioners in the City Civil Court claiming for eviction and possession on the ground that respondent is a trespasser. In the said suit, an application came to be filed for stay of the suit pending the disposal of an appeal. The same is rejected. 5. I find that the decision of the appeal which is filed by the present petitioners could have direct bearing on the suit which is pending before the City Civil Court. The issue involved in the appeal before the Division Bench of the Small Causes Court is as to whether the respondent is a tenant of the suit premises or not. The outcome of the said proceedings will have a direct bearing on the issue as to whether the respondent is an encroacher or not as claimed by the present petitioner. In any event, no prejudice would be caused to the respondents, if the suit is stayed inasmuch there is no interim injunction operating in favour of the petitioner in the suit before 3 wp10008.10.sxw the City Civil Court. 6. In that view of the matter, Rule is made absolute in terms of prayer clauses (a) & (b). (B.R. GAVAI, J)