K.T.Sankaran, J.

1. The question involved in this Original Petition is whether the trial of a suit which was filed at an earlier point of time could be stayed invoking Section 10 of the Code of Civil Procedure on the ground that a subsequently instituted appeal is pending before the Appellate Authority under the Kerala Land Reforms Act.

2. The petitioners are defendants 2, 3 and 12 in O.S.No. 136 of 2008 on the file of the Sub Court, Tirur filed by respondents 1 to 3 for a permanent prohibitory injunction. The plaintiffs relied on a purchase certificate issued by the Land Tribunal in favour of their predecessor interest.

3. Defendants 2, 3 and 12 filed A.A.No.53 of 2008 on the file of the Appellate Authority, Thrissur, challenging the order passed by the Land Tribunal granting purchase certificate in favour of the predecessor in interest of the plaintiffs. That appeal is also pending. Defendants 1, 2, 3, 5, 6 and 12 filed I.A.No.3768 of 2009 before the court below under Section 10 of the Code of Civil Procedure to stay the trial of the suit pending disposal of the appeal before the Appellate Authority. The court below dismissed the application, which is under challenge in this