Prasanta Kumar Saikia, J.

1. This proceeding under Article 227 or the Constitution of India has been initiated for staying the Title Execution case No. 1(H) of 2012, now, pending in the Court of Munsiff, Shillong all the disposal of the Title Suit No. 26 (H) of 2002 in the Court of Assistant District Judge, Shillong which was preferred by the judgment debtor in the Title Execution case No. 1 (H) of 2012. It may be mentioned that the Title Suit No. 26(H) 2002 was dismissed for default and a proceeding under Rule 4 of Order 9 of the CPC has already been initiated for restoration of the dismissed suit which is waiting disposal. It may also be noted that the decree holder in the Title Execution case No. 1(H) of 2012 was the plaintiff in Title Suit No. 25 (H) of 1997 and the judgment debtor therein, viz., the Title Execution case No. 1(H) of 2012, was the defendant in Title Suit No. 25 (H) of 1997 who, as plaintiff, instituted the Title Suit No. 26 (H) of 2002 in the Court of Assistant District Judge seeking various relief against the defendant therein who, as stated above, was none other than the decree holder in Title Execution case No. 1(H) of 2012.

2. The facts, as it appears