(1) WP. 1769.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1769 OF 2010 Sardar Baig S/o Noor Baig died as per LRs. .. Petitioners VERSUS 1] Amirunnisa W/o Salauddin and others .. Respondents Mr. S.S. Kazi, Advocate for the Petitioners ... CORAM : V.R. KINGAONKAR, J. DATED : 10TH JUNE, 2010 ORAL ORDER:- 1] Heard learned counsel. Copy of the plaint in Special Civil Suit no. 282 of 2001 was made temporarily available for perusal. The petitioners are original defendants. They filed application under section 10 of the Civil Procedure Code in suit (Regular Civil Suit no. 237 of 2004). Their application (exhibit 56) came to be rejected. They are challenging the order of rejection of their application. 2] Considering the relevant observations of the trial Court and on going through the copies of the plaints of both the suits, it appears that the plaintiff in suit (Regular Civil Suit no. 237 of (2) WP. 1769.2010 2004) was not a party to the previous suit bearing Special Civil Suit no. 282 of 2001. It also appears that the suit land described in the subsequent suit was not subject matter of dispute in the earlier suit. Hence, the parameters of section 10 of the Civil Procedure Code are not complied with and as such the impugned order does not suffer from any perversity. 3] The Writ Petition stands dismissed. No costs. Sd/- [V.R. KINGAONKAR, J.] arp