Lsp 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 PETITION NO. 7791 of 2008 Shri Amit Shamsadan Painter through his natural gurdian Smt. Kalpana S. Painter ....Petitioner V/s. Indian Audit and Account Department & ors. ....Respondents Mr. Sandeep Koregave for the petitioner. Mr. Amit Borkar for resopndents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 15TH JANUARY, 2009 : 15TH JANUARY, 2009 : 15TH JANUARY, 2009 P.C. . Heard Counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Mr. Amit Borkar waives notice for respondents. 3. As short question is involved, petition is taken up for final disposal forthwith, by consent. 4. By this petition under Article 227 of the Constitution of India, exception is taken to the Judgement and order passed by the IInd Joint Civil Judge, Senior Division, Kolhapur dated 7th October, 2008 below exhibit 28 in Suit No. 686/2008. By the said order proceedings taken out by defendant no.6 being No. 176/2007 were ordered to be stayed till disposal of the 2 suit No. 686/2008. Petitioner has questioned the correctness of the said decision, relying on the decision in the case of Monica Bibli Sood v/s. Kamal Monica Bibli Sood v/s. Kamal Monica Bibli Sood v/s. Kamal Seth Seth Seth reported in AIR 2003 Panjab & Haryana-366. reported in AIR 2003 Panjab & Haryana-366. reported in AIR 2003 Panjab & Haryana-366. This judgement directly answers the question that arises in the present proceedings. Besides, I find that the parties to the two proceedings namely Suit No. 686/2008 and Application No. 176/2007 are not the same. Some of the parties are common in both the proceedings. To invoke Section 10, the parties in both the proceedings should be same. Even for this reason, the order in question cannot be sustained. Accordingly, this petition succeeds. The impugned judgement and order dated 7th October, 2008 passed below exh. 28 in Suit No. 686 of 2008 is set aside. No order as to costs. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]