JUDGMENT :

Sandeep Sharma, J.

Being aggrieved and dissatisfied with the order dated 22.8.2018 passed by learned District Judge (Forest) Shimla, District Shimla, H.P.,in CMP No.1-S/6 of 2017/16 in Civil Appeal No.2-S/3 of 2017/16, titled as Bhau Ram vs. Smt. Kamla Devi and others, whereby an application under Section 10 of the Code of Civil Procedure having been filed by the petitioner (hereinafter referred to as the defendant) praying therein to stay the proceedings in appeal filed by him till the time Suit bearing No.51/1 of 2013/97 is finally decided, came to be dismissed, defendant has approached this Court in the instant proceedings filed under Article 227 of the Constitution of India.

2. For having birds eye view, the facts which are relevant for the adjudication of the controversy at hand are that the land which came to be subject matter of two suits i.e. Civil Suit No.51/1 of 2013/1997 and Civil Suit No.105/1 of 2002/2003 having been filed by the respondent (hereinafter referred to as the plaintiff), originally belonged to the person namely, Smt. Reshmu Devi wife of Sh. Shankar Lal, R/o Village Hiranagar. Smt. Reshmu Devi stated to be the owner of 9-9 bighas of land situate at