1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.6238 OF 2009 Anil Laxman Kadam & Ors. ...Petitioners vs. Ganpati Chima Bhosale (since deceased) & Ors. ...Respondents Mr.Mohan N.Dhamal for the petitioners None for the respondents CORAM :A.S.OKA,J. DATE : SEPTEMBER 16, 2009 P.C. 1 Heard the learned counsel for the petitioners. The petitioners are the original defendants. The petitioners applied for stay of the suit by invoking section 10 of the Code of Civil Procedure,1908. The said application was made in a suit filed by the respondents. The suit filed by the respondents proceeds on the footing that the petitioners were tenants in respect of the suit property. The suit is filed on the basis of the purported termination of the tenancy. Prior suit on which reliance has been placed is a suit filed by the third petitioner against the respondents simplicitor for perpetual injunction. 2 After having heard the submissions of the learned counsel for the petitioners, I find that considering the frame of both the suits, the courts below were right in holding that section 10 of the said Code has no application. There is no reason to interfere with the impugned order. Writ Petition is rejected. 3 All contentions of the parties on the merits of the suits are kept open. JUDGE