1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.1592 OF 2010 with WRIT PETITION NO.7874 OF 2009 Gajanan A. Raut ...Applicant. v. Yunus Yusuf Shaikh ...Respondent. Mr. Vivek Salunkhe i/by P.B.Shah, advs. for the Applicant/Petitioner. CORAM : J.H.Bhatia, J. DATE : 26th October, 2010 P.C.: 1 Heard the learned counsel for the applicant. For the reasons given in the application, application is allowed. Writ Petition No.7874 of 2009 is restored to the file. 2 Heard the learned counsel for the petitioner. Petition is filed challenging the order passed by the trial Court rejecting the application for stay of the Regular Civil Suit No.301 of 2000 under Section 10 of the Code of Civil Procedure on the ground that the earlier suit no.163 of 2000 filed by the defendant was already pending. It is material to note that though both the suits were pending since the year 2000. Application for the stay was filed under Section 10 in August, 2008, i.e., almost 8 years after filing the suit. The learned 2 counsel points out that earlier suit was already disposed off almost one year before filing this application, in favour of the present applicant. In view of this, there was no question of staying later suit under Section 10, there is no substance in the present petition. 3 Therefore, the present petition stands dismissed. (J.H.BHATIA, J.)