1. Heard learned counsel for the petitioners as well as opposite party nos. 1, 3 and 4.

2. None appears on behalf of opposite party nos. 2 and 5 to 8 despite service of notice.

3. Earlier this Court had issued notice to the opposite parties to show-cause as to why this civil revision petition be not admitted and if possible disposed of at the admission stage itself. Opposite Party Nos. 1, 3 and 4 have appeared to contest this revision, whereas none has appeared on behalf of opposite party nos. 2 and 5 to 8 despite service of notice. Thus, I am proceeding to dispose of this case.

4. Defendants-petitioners have filed this revision against the order dated 18.6.2005 passed by the Sub-Judge-III, Khagaria in Title Suit No. 19/92 rejecting the petition filed by the petitioners under Section 10 of the Code of Civil Procedure {hereinafter to be referred to as "Code") for stay of the further proceeding in the title suit concerned till the disposal of Probate Case Nos. 2/91 and 3/91, which are pending before the District Judge, Khagaria.

5. The short facts of the case are that the plaintiffs-opposite party nos. 1 and 2 filed Partition Suit (Title Suit) No. 19/92 for partition of the