SRJ wp-757-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.757 OF 2009 Deepa J. Tidke ..Petitioner. Vs. Mrs. Niru H.Mehta & Anr., ..Respondents. Mr. Ketan R. Patekh i/b. K.R.Parekh & Co., for Petitioner. Mr. J.S.Shukla i/b. Vaibhav Mehta & Associates, for Respondent Nos.1 and 2. CORAM : A.S.OKA, J.. DATE : 8th October, 2009. P.C. : 1] Heard the learned counsel appearing for the Petitioner. The Petitioner is the Defendant in a suit for eviction filed by the Respondents in the Court of Small Causes in the year 2003. In the said suit, an application was made for stay of the said suit on the basis of pendency of a suit subsequently instituted in this Court. The said application has been rejected by the impugned order. 2] The learned counsel appearing for the Petitioner submitted that unless the suit which is subsequently filed is decided, the issue of landlord- tenant relationship arising in the earlier suit cannot SRJ wp-757-09.sxw 2 be decided. He submitted that principles incorporated in section 10 of the Code of Civil Procedure, 1908 will apply to the case in hand. 3] I have considered the submissions. Section 10 of the said Code will have no application in asmuch as as under the said provision only a subsequent suit can be stayed. In view of settled law, section 151 of the said Code cannot be invoked for doing something which cannot be expressly done under section 10 of the said Code. 4] In the circumstances, no case is made out for interference in this Petition under Article 227 of the Constitution of India. Petition is rejected. (A.S.OKA, J. )