1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7293 OF 2009 Bhagwatibai w/o Omprakash Chaudhari .. PETITIONER VERSUS Prathaviraj Motisingh Chaudhari & others .. RESPONDENTS Mr. P.S. Pawar, advocate for the petitioner. Mr. S.P. Shah, advocate for respondent nos. 1, 3 to 5. CORAM : R.M. BORDE, J. DATE : 25 th AUGUST, 2010. PER COURT : 1 Heard. 2 It is pointed out that decision rendered in Special Civil Suit no. 47/2000 is carried in First Appeal no. 894/2004 and the said appeal is pending for final disposal before this court. Plaintiff in the said suit is claiming possession of the property which is stated to have been purchased by him. The parties to both the litigations are one and the same so also the subject matter of dispute in both the litigations is the immovable property and as such the 2 matter in issue in the suit instituted at subsequent point of time and that in the suit previously instituted is between the same parties and relating to the same property. Trial court was therefore justified in directing stay of the suit instituted at subsequent point of time by plaintiff / petitioner herein. No interference is called for in the instant petition. Petition stands rejected. 2 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb/wp7293.09.odt