JUDGMENT :

CM (M) 381/2021 & CM APPLN.17125/2021 (by the petitioners u/S 151 CPC for stay)

1. This petition has been filed under Article 227 of the Constitution of India by the defendants before the learned Trial Court praying that the order dated 16th February, 2021 passed by the learned Trial Court be set aside.

2. The facts as are relevant for the disposal of the present petition are that the suit bearing No. CS 8173/2016 (Old No.236/2010) was filed by the respondent/Ashok Kumar on 9th July, 2010 seeking declaration and permanent injunction against the present petitioners and late Sh. Ram Dev (father of the petitioner No.1 and the respondent). The respondent/Ashok Kumar subsequently filed another suit on 10th September, 2012 before the High Court bearing No. CS(OS) 2755/2012 seeking partition, possession, cancellation, declaration and permanent injunction. Issues have been framed in both the suits and evidence is being recorded.

3. In the suit bearing No. CS 8173/2016, at the stage of defendants’ evidence, the petitioners moved an application under Section 10 read with Section 151 of the Code of Civil Procedure, 1908 (for short, “CPC”) seeking stay of the suit on the plea that the i