1 wp1892.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 1892 of 2011 Mr. Deepak Jayantilal Upadhyay ... Petitioner v/s. Ms. Amin Bipin Kothari ... Respondent Mr. S.M. Oka i/b. Sagar Joshi for the petitioner. Mr. V.V. Salunkhe i/b. P.B. Shah for respondent no. 1. CORAM:- B.R. GAVAI, J DATED :- MARCH 29, 2011. P.C. The petitioner challenges the order passed by the learned Principal Judge, Family Court dated 27th December, 2010 vide which the learned Judge has rejected the application filed by the present petitioner, for stay of the proceedings initiated by the respondent for custody of their minor daughter. Shri Joshi, learned Counsel appearing on behalf of the petitioner submits that since the petition filed by the present petitioner was prior in point of time than the petition filed by the respondent in view of provisions 2 wp1892.11.sxw of Order 10 of CPC, the petition filed by the respondent ought to have been stayed by the learned Family Court. 2. Learned Family Court has found that the petitions filed by the petitioner as well as the respondents were pending before the same Court and as such there was no possibility of passing any conflicting order. 3. No perversity is noticed in the order passed by the learned Family Court to warrant interference. Rejected. 4. However, it is made clear that both the petitions filed by the petitioner as well as the respondent would be assigned to the same presiding officer and they will be tried together. (B.R. GAVAI, J)