spb/ 1 wp4979-11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO. 4979 OF 2011 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. S.P. Thorat for the Petitioner. --- CORAM : D.G. KARNIK, J. DATE : 27th JULY, 2011 P.C.:- Learned counsel for the petitioner states that issues were not framed in either of the suits. If so, in my view, the application for stay of the suit under section 10 of the CPC was premature inasmuch as the basic condition for stay is that the matter in issue in both the suits must be substantially the same. The order of the trial court declining to stay the suit therefore, cannot be termed as illegal. Petition is rejected summarily. (D.G. KARNIK, J.)