:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 3808 OF 2009 PETITION NO. 3808 OF 2009 PETITION NO. 3808 OF 2009 AND AND AND WRIT WRIT WRIT PETITION NO. 3809 OF 2009 PETITION NO. 3809 OF 2009 PETITION NO. 3809 OF 2009 Mr. Vijay Pandharinath Nyati & Anr. ... Petitioners. V/s. Smt. Mona Mukund Vaidya & Ors. ... Respondents. Mr. Anilkumar Patil for the Petitioners. Ms. Asha Bhambwani for Respondents 4 to 9. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 21ST 21ST 21ST APRIL 2009. APRIL 2009. APRIL 2009. P.C. P.C. P.C. : : : . Heard Mr. Patil, learned Counsel appearing for the Petitioner and Ms. Bhambwani, learned Counsel appearing for Respondent Nos. 4 to 9 - Original Plaintiffs in Special Civil Suit No.85 of 2000. 2. The Petitioner is aggrieved by an order dated 26th March 2009 passed by the learned Joint Civil Judge, Senior Division, Nasik, rejecting the Application (Exhibit 68) in Special Civil Suit No.85 of 2000. By that Application, the Petitioner who is not party to the Special Civil Suit has applied to the Trial Court for stay of the proceedings in Special Civil Suit No.86 of 1982 on the ground that the Petitioner - Applicant’s Special Civil Suit No.33 of 2009 has been directed to be assigned to the same Court which is trying the instant Suit. However, the Trial Court has observed that the Petitioner has no locus to make such an application and therefore, rejected it. 3. My attention is invited by Mr. Patil to an order :2: dated 26th February 2009 in Writ Petition Nos.1771 and 1772 of 2009 passed by this Court whereunder this Court directed that the District Judge, Nasik should assign the case to the same learned Judge, who will be proceeding with the Suit filed by the Petitioner i.e. Special Civil Suit No.33 of 2009. 4. Accordingly, the Principal District Judge, Nasik has assigned Special Civil Suit No. 33 of 2009 to the Joint Civil Judge, Senior Division, Nasik before whom two other Suits namely Special Civil Suit No.85 of 2002 and Regular Civil Suit No. 1181 of 1993 are pending. 5. After perusing the Petitions and the annexures thereto, I am of the view that the order of this Court and the administrative direction issued by the Principal District Judge cannot be of any assistance to the Petitioner to seek the relief of stay of the Suit filed by Respondent Nos. 4 to 9. If at all the Petitioner is aggrieved by the fact that his Suit or interlocutory application therein, is kept pending, he should have moved the Court with an appropriate application and not with the instant application. The Application, therefore, has been rightly dismissed by the Trial Court. The order under challenge does not suffer from any error apparent nor is perverse so as to call for interference in Writ Jurisdiction. The Petitions are, accordingly, dismissed. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)