(-1-) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 299 OF 2005 WRIT PETITION NO. 299 OF 2005 WRIT PETITION NO. 299 OF 2005 Mark Felix Pereira & 11 Ors. ...Petitioners Versus Maria Dolma Alves ...Respondent ..... Mr. Gauri Godse, counsel for Petitioners Mr. S. Rego i/b N.J. D’Monte for Respondent. ..... CORAM: CORAM: CORAM: B. H. MARLAPALLE, J. B. H. MARLAPALLE, J. B. H. MARLAPALLE, J. DATED: 3RD FEBRUARY, 2005 DATED: 3RD FEBRUARY, 2005 DATED: 3RD FEBRUARY, 2005 P.C.:- P.C.:- P.C.:- 1. Heard Mrs. Gauri Godse, the learned counsel for the petitioners who had submitted an application in Special Civil Suit No. 128 of 2001 filed by her for stay to the proceedings. The said application has been rejected by the impugned order dated 17.11.2004 passed by the learned Joint C.J.S.D. at Thane. 2. The court below has rightly considered the scope for adjudication in special civil suit No. 437 of 1999 and the Suit No. 437 of 99 which is pending before this Court as well as the Civil Suit No. 128 of 2001. The reasoning given in para 7 and 8 of the impugned order cannot be termed to be perverse or grossly erroneous so as to call for interference (-2-) under Article 227 of the Constitution of India. Hence, this petition fails and the same is hereby rejected summarily. 3. However, if the petitioner applies for combining two Special Suits for hearing i.e. Special Civil Suit No. 437 of 1999 and Special Suit No. 128 of 2001, the said application will be considered on its own merits by the appropriate Court.