1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3249 OF 2009 Sidram Rachappa Nasle ..Petitioner. V/s. Janak Kanahyalal Jani & Anr. ..Respondents. Mr.Rajesh Datar for petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioner. 2. I am in agreement with the opinion recorded by the lower Court that the question of staying the suit filed by the Plaintiff claiming to be the owner of the property for possession will have to proceed in the first instance having regard to the nature of relief claimed therein. 3. The argument of the Petitioner that the said suit proceeds on the allegation that the arrangement between the parties was of licensor and licensee, whereas the case of the Petitioner is that the relationship between the parties was that of landlord and tenant. Even this claim of the Petitioner can be 2 incidentally addressed in the suit filed by the Respondent/Plaintiff. As a matter of fact, the suit filed by the Petitioner is for limited relief of injunction and no declaration has been sought by the Petitioner. Even for that reason, the suit filed by the Respondent/Plaintiff cannot be stayed. It is a different matter if the Petitioner was to request the Court to hear both the suits together, as the points in issue to be answered would be overlapping, in view of the stand taken by the respective parties. 4. Counsel for the Petitioner submits that the Petitioner be granted liberty to move the lower Court for such direction. Needless to observe that if such request is made, the Trial Court will consider the same appropriately, as both suits, it is stated, are pending before the same Court. If the two suits are pending before the different Presiding Officer, the District Judge be well advised to list both the suits before one Presiding Officer, so that it can proceed together. 5. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)