KBP 6522-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6522 OF 2009 Ram Mahal Co-operative Housing Society Ltd. ..Petitioner Vs. Ravi Joseph Pereira and ors. ..Respondents ......... Ms.Pallavi Divekar, for petitioner. Mr.A.K.Gupta, for respondents. ......... CORAM : A.S.OKA, J.. DATE : 31 th August, 2009. P.C. : 1] Heard earned counsel for the petitioner. The petitioner is the Defendant in a suit filed by the respondents before the Court of Small Causes. The petitioner is plaintiff in the suit filed on the original side of this Court against the respondents. The suit filed on the original side is earlier in point of time. A prayer was made by the petitioner in the pending suit in the court of Small Causes for stay of the said suit by invoking Section 10 of the Code of Civil Procedure, 1908. The case made out by the petitioner is that under the agreement between the parties, the respondents are under obligation to convey the suit property to the petitioner. For enforcing the said agreement, the suit for specific performance has been filed by the petitioner in this court which is pending. The respondents have filed the suit for eviction in the Court of Small Causes in the year 2008. The trial court rejected the prayer for stay of the suit. The order of trial court has been confirmed in Revision Application by the appellate bench of the Small KBP 6522-09.sxw 2 Causes Court. 2] The learned counsel for the petitioner submitted that the suit was filed by respondents ten years after the suit was filed by the petitioner. She submitted that the issues involved in both the suits are identical and therefore, the evidence would be common. Therefore, the submission is that if the suit in Small Causes Court proceeds, prejudice will be caused to the petitioner. 3] I have carefully considered the submissions. The suit filed by the respondents can be stayed only by invoking Section 10 of the Code of Civil Procedure, 1908. It cannot be disputed that the suit subsequently filed by the respondents in the Court of Small Causes can be entertained only by the Small Causes Court as the said court is having exclusive jurisdiction to try the suit of the nature filed by the respondents. The relief which is capable of being granted in the said suit cannot be granted by the Court in which the earlier suit filed by the petitioner is pending. Therefore, on plain reading of the Section 10 of the said Code, the same will have no application. No case is made out for interference. The petition is rejected. ( A.S.OKA, J. )