IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 667 OF 2008 MR. EFIGENIO DIAS ... Petitioner Versus MR. CALISTA RODRIGUES ... Respondent Mr. C. A. Ferreira, Advocate for the petitioner. Coram:- A. P. LAVANDE, J. Date:- 15th November, 2008 P.C. Heard Mr. Ferreira for the petitioner. By this petition the petitioner challenges order dated 30.08.2008 passed by the Civil Judge, Junior Division, Margao in Regular Civil Suit No.40/2008/F by which application for stay of the suit filed by the petitioner who is the plaintiff in the said suit has been dismissed. The petitioner is the plaintiff in the above suit against the respondent seeking pemanent injunction and mandatory injunction against the defendant. It is the case of the plaintiff that he was the plaintiff in Regular Civil Suit No.644/2001/I which was dismissed. The petitioner filed First Appeal57/2008 against the decree passed in the earlier suit which has been admitted and pending disposal in this Court. According to the petitioner thedecision in thesaid appeal will have direct bearing int he persent suit. On this ground the petitioner filed an applciation for stay of the suit. The Trial Court by the impugned order dismissed the application on the ground that the application filed by the plaintiff for stay of the suit was not maintainable. Having heard learned counsel for the petitioner and having perused the record, I am of the opinion that no case has been made out by the petitioner for interference with the impugned order. The suit is bound to be stayed ny the Court in which the matter in issue is also directly and substantially in issue in a previously instituted suit between thesame parties and whether such suit is pending in the same court or any other court. In my opinion, the predicates of Section 10 of the Civil Procedure Code are not attracted in the said case in as much as presently no suit is pending in any competent Court. I am unable to accept the submission of Mr. Ferreira that on account of pendency of First Appeal No.57/2008, the suit filed by the petitioner himself is liable to be stayed. For the reasons stated above, I find no merit in the petition and same is therefore dismissed. A. P. LAVANDE, J. lh/.