KBP 5844-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5844 OF 2009 Subhash Achyut Abhyankar ..Petitioner Vs. Smt.Vijaya Shridhar Bhide and anr. ..Respondents ......... Mr.A.N.Helekar, for petitioner. Mr.Kunal Bhanage, for respondent no.1. ......... CORAM : A.S.OKA, J.. DATE : 18 th August, 2009. P.C. : 1] Heard learned counsel for the petitioner. The challenge in this writ petition under Article 227 of the Constitution of India is to the order passed by the learned Judge of the Small Causes Court, by which an application made by the petitioner under Section 10 of the Code of Civil Procedure, 1908, has been rejected by the learned Judge. The said order has been confirmed in Revision. 2] The case in short is that the first respondent has filed two separate suits in the Court of Small Causes under the provisions of the Maharashtra Rent Control Act, 1999. The first suit filed against the petitioner is on the ground of subletting and and the second suit is on ground of bona fide requirement. The application made by the petitioner for stay of hearing of subsequently instituted suit has been rejected by the impugned order. 3] The learned counsel for the petitioner submitted that the respondent should have filed only one suit containing all the grounds of eviction. The KBP 5844-09.sxw 2 submission of the learned counsel appearing for the petitioner is that the second suit will have to be stayed in exercise of power under Section 10 of the said Code. 3] On plain reading of Section 10 of the said Code, the same will have no application in this matter. Both the suits for eviction filed by respondent are on separate grounds incorporated in the said Act of 1999. Therefore, Section 10 of the Code could not have been involved. The interests of justice will be served if both the suits are ordered to be heard today. I am informed that both the suits are pending in different courts. As the suits are required to be heard together, it will be open for the petitioner to make an appropriate application in that behalf for transfer of suits to one and the same court. 4] Subject to what is observed above, the writ petition is not entertained and the same is rejected. ( A.S.OKA, J. )