Hima Kohli, J.

1. By this common order, the Court proposes to dispose of an application under Section 10 of the CPC, being I.A. No. 5370/2006 filed by the defendant in CS(OS) No. 664/2005, Shri Paramjit Singh Maini praying inter alias for stay of further proceedings in the suit till disposal of suit bearing No. 272/2002 entitled “Ram Singh Maini (deceased) through LR v. Harjeet Singh Maini”, pending before the Civil Judge, Delhi, and the transfer petition being Tr.P. (C) No. 12/2006 entitled “Harjit Singh Maini v. Paramjit Singh Maini” filed by the plaintiff in CS(OS) No. 664/2005, Shri Harjit Singh Maini, praying inter alias for transfer of Suit No. 272/2002 from the Court of Civil Judge, Delhi, to this Court.

2. A reference to the factual matrix of the case is necessary before proceeding to deal with the aforesaid application under Section 10 of the CPC and the Transfer Petition. In October, 2002, the father of the parties, Shri Ram Singh Maini filed a civil suit as the owner of the property bearing No.A-266, New Friends Colony, New Delhi, bearing Suit No. 272/2002 (hereinafter referred to as ‘the first suit’), praying inter alias for a decree of mandatory injunction ag