ORDER :

1. The petitioners have challenged the order dated 23.07.2022 passed by the IIIrd Civil Judge Class-I, Raipur (C.G.) in Civil Suit No. 142-A/2016, parties being Munir Ahmed & Another Vs. Hemant Topkhanewale, whereby the application moved by the respondent/defendant under Section 10 read with Section 151 of the Code of Civil Procedure, 1908 (for short as the 'CPC') has been allowed consequently, the proceedings of the Civil Suit No. 142- A/2016 have been stayed.

2. The facts of the present case are that earlier one Civil Suit No. 53A/2011 was filed by Hemant Topkhanewale for specific performance of contract and injunction against Anil Topkhanewale with regard to settlement No. 102, Survey No. 472, 494 and part of survey No. 495, total admeasuring 4830 sq. ft. situated at Village Khamarhdih, Patwari Circle No. 110, Revenue Circle Raipur, District Raipur. Defendant Anil Topkhanewale filed a written statement and after a full dressed trial, the IVh Additional District Judge, Raipur dismissed the suit filed by Hemant Topkhanewale vide judgment and decree on 20.06.2012. The plaintiff of that suit namely Hemant Topkhanewale preferred First Appeal No. 139/2012 against judgment and de