JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. J. Ahmed, learned counsel appearing for the Petitioner and Mr. A.C. Sarma, learned senior counsel assisted by Mr. G. Bharadwaj appearing on behalf of the Respondent Nos. 1 and 3.

2. This petition under Article 227 Of the Constitution of India is filed challenging the order dated 07.03.2020 passed by the Munsiff No. 2, Barpeta in Misc. (J) Case No. 205/2019 arising out of Title Suit No. 108/2019, whereby the suit has been stayed till the disposal of Misc. (Probate) Case No. 2/2019 pending before the District Judge, Barpeta.

3. The brief facts of the case is that the Respondent No. 1 filed an application seeking probate in respect to a Will dated 19/04/2013 of one Lt. Kironmoyee Das before the District Judge, Barpeta. In the said application seeking probate, it has been specifically mentioned that Lt. Monoranjan Das gifted the said plot of land described in Schedule-A in favour of his wife Lt. Kiranmoyee Das by execution of a registered Gift Deed No. 2678/94 dated 31.08.1994. It is also the specific case of the Respondent No. 1 that Lt. Kironmoyee Das during her life time had sold a part of Schedule A land to one Raju Bhagawati vide the registe