B.S. Patil, J.

Application filed by the petitioner under Section 10 read with Section 11 and Section 151 of the Code of Civil Procedure (for short 'CPC) seeking stay of the proceedings in O.S. No. 178/2006 having been dismissed vide order dated 25.09.2012 by the I Additional Senior Civil Judge, Bijapur, petitioner who is the 1st defendant in the suit has filed this petition.

2. Petitioner herein is the 1st defendant in O.S. No. 178/2006 filed by the 1 respondent herein seeking a decree for specific performance of the contract dated 06.04.1998 whereunder, the petitioner is stated to have agreed to sell the property in question in favour of the plaintiff/respondent No.1. The suit is filed seeking a direction to defendant No.1 to execute a registered sale deed in respect of the suit land with a further direction to the 2nd defendant/respondent No.2 herein to join him in execution and registration of the sale deed. This suit for specific performance came to be instituted on 13.06.2006. The present petitioner has resisted the suit. The trial of the suit is completed and the matter is at the stage of conclusion of the arguments. At this stage, the 1st defendant filed I.A. No.37 with t