JUDGMENT :

1. Heard learned counsel for the petitioners.

2. This application has been filed by the petitioners for quashing the order dated 04.01.2019 passed by the learned Sub Judge-IV, Rohtas at Sasaram in Title Suit No.880 of 2017 by which he has rejected the petition dated 17.08.2018 filed under Section 151 of the Code of Civil Procedure (for short ‘CPC’) by the plaintiffs-petitioners for analogous hearing of Title Suit No.53 of 2002 and Title Suit No. 880 of 2017 and directed that the proceeding of Title Suit No.880 of 2017 shall remain stayed till conclusion of the proceeding of Title Suit No.53 of 2002.

3. Learned counsel appearing for the petitioners submitted that while passing the impugned order, the trial court has failed to exercise a jurisdiction so vested in it and stayed the hearing of Title Suit No.880 of 2017 till the disposal of Title Suit No.35 of 2002 though there is no prayer on behalf of any party to that effect nor any petition had been filed under Section 10 of the CPC. The trial court was not justified in rejecting the petition dated 17.08.2018 filed by the petitioners without considering the fact that if the said petition is allowed and both the suits are tri