1 wp-5306-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5306 of 2011 Joel Daniel Shirsat .. Petitioner Versus The Cantonment Board, Pune & Ors. .. Respondents Mr. Pankaj Das for the Petitioner CORAM : R.M.SAVANT, J. DATE : 23rd NOVEMBER, 2011 P.C. : 1 The Writ Jurisdiction of this Court is invoked against the Order dated 6-4-2011 passed by the Learned 18th Joint, Civil Judge, J.D. Pune, by which order, the application Exhibit 82 filed by the Petitioner for staying Regular Civil Suit No.1794 of 1998 in view of the earlier Regular Civil Suit No.893 of 1998, was rejected. 2 The Trial Court on consideration of the subject matter of the said suits has recorded a finding that the subject matter of the earlier Regular Civil Suit No.893 of 1998 which is covered area above terrace 3250 sq.ft. on the western side is different from the subject matter of the suit wherein the Petitioner herein is concerned i.e. Regular Civil Suit No.1794 of 1998, whose subject matter is the terrace admeasuring 7200 sq.ft. on the north- east side. In my view, the order of the Trial Court refusing to exercise 2 wp-5306-11 jurisdiction under Section 10 CPC, cannot be said to suffer from any irregularity or infirmity to this Court to interfere in its writ jurisdiction. The Writ Petition is accordingly dismissed. (R.M.SAVANT, J.)