JUDGMENT :- This is a civil revision petition filed against the order made by the Principal District Munsif of Kasargod in I. A. No. 60 of 1952 in O. S. No. 392 of 1951.

2. The facts are : O. S. No. 773 of 1947 was filer by Shankar Ejaman, first defendant in O. S. No. 392 of 1951 against Venkappa Bhatta, the plaintiff in O. S. No. 392 of 1951 and others for a declaration that the property, the subject matter of the present suit, belonged to him and for an injunction for restraining respondents from interfering with petitioners possession. The suit was dismissed. On that an appeal had been filed in the District Court of South Kanara and it is stated to be pending.

3. Venkappa Bhatta has thereupon filed this O. S. No. 392 of 1951 against Kunhi Shankar Ejaman (first defendant) and Krishna Bhatta (D. 2) asking for surrender of possession of the property involved in the prior suit and which was pending appeal and for mesne profits.

4. In these circumstances these defendants filed an application under Section 10, Civil P.C. to stay the trial of the suit O. S. No. 392 of 1951 till the disposal of the appeal filed against the decree in O. S. No. 773 o£ 1947. This application was reje