bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 6754 OF 2008 PETITION NO. 6754 OF 2008 PETITION NO. 6754 OF 2008 Mr.Vijay Fernandes ... Petitioner v/s Pramodini Vijay Fernandes ... Respondent Ms.Seema Sarnaik for the petitioner. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 6TH OCTOBER, 2008 6TH OCTOBER, 2008 6TH OCTOBER, 2008 P.C. P.C. P.C.: 1. The petition challenges the order dated 19.7.2008. This order had previously been challenged by the petitioner by filing a writ petition being Writ Petition No.6332 of 2008. By the order dated 9.9.2008, the petition has been heard and rejected in limine. While doing so, the learned Judge has observed in para 3 as follows:- "3. Having seen the material available on record and the view taken, no case is made out out interfere with the impugned order in exercise of writ jurisdiction of this court under Article 227 of the Constitution of India. The view taken is a reasonable and possible view." 2. Ms.Sarnaik appearing for the petitioner contends 2 that the other petition challenges the order in respect of two grounds namely, the flat in question and the access of the child. She submits that neither the Family Court nor the learned Single, while passing the order in the previous petition, have considered the question of the amount payable towards maintenance to the petitioner and the child. 3. In my opinion, a second petition cannot be filed challenging the same order, albeit on different grounds. It is not open for a party to contend that a particular ground was not raised in an earlier petition and, therefore, the challenge to the same order can be maintained in a separate petition. 4. Writ petition rejected.