ORDER :- The petitioners are defendants in a suit brought by the respondents for recovery of certain amount on the ground that the petitioners formed an unlawful assembly and entered into their house and damaged their doors, windows and furniture between 7.00 a.m. to 12.00 a.m. on 20th May, 1975. This suit has been filed on 28th Jan. 1976. The petitioners and three others are now facing their trial instituted by the Ribandar Police on the basis of a complaint filed by the 6th respondent in relation to the incident that took place on 20th May, 1975. The petitioners moved the Civil Court to stay the Civil suit brought by the defendants until disposal of the Criminal Case, on the ground that they would be embarrassed in their defence in the Criminal Case if they are to file their written statements in the Civil Suit. The learned Civil Judge Senior Division having rejected their prayer, they have filed this present revision application.

2. In support of their case the petitioners cited the case of M.S. Sheriff v. State of Madras (AIR 1954 SC 397), in the Lower Court as well in this Court. As in the opinion of the learned Civil Judge there was no cause for embarrassment to the p