IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8246 OF 2008 WITH CIVIL APPLICATION NO.62 OF 2009 Mr.Mannikoth Mahmood Moosa ...Petitioner V/s. P.K.Mamoo & Ors. ...Respondents ...... Mr.Khan Javed Akhtar for Petitioner. Mr.A.S.Uraizee for Respondent No.1. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JANUARY 13, 2009. JANUARY 13, 2009. JANUARY 13, 2009. P.C. 1. Heard Counsel for the parties. 2. The request made by the Petitioner for stay of appeal by invoking Section 10 of the Code of Civil Procedure was ill-advised. The Appeal arises out of proceedings being Obstructionist Notice No.81 of 2001 which has been decided in favour of the third party. It is well established position that such proceeding is proceeded as : 2 : substantive Suit by the third party. In other words, the obstructionist cannot be said to be party to the Suit which was originally filed by the Petitioner. If it is so, Section 10 has no application at all. Having gone through the reasons recorded by the Court below, I see no infirmity. It is not possible to take any other view in the matter. Hence this Petition is dismissed. 3. At this stage, Counsel for the Petitioner submits that the Petitioner be granted liberty to take out appropriate application in the pending Writ Petition before this Court. If such application is filed, the same will have to be decided on its own merits. Ordered accordingly. A.M.KHANWILKAR, J.