1. This Revision Petition is directed against the order of the learned Subordinate Judge Vellore in I.A. No. 208 of 1996 in O.S. No. 508/88 dated 3.3.1998.

2. The order impugned arises out of the application filed by the respondent herein under Sections 10 and 115 C.P.C. to stay all further proceedings in the said suit.

3. The present suit has been filed by the plaintiffs/petitioners for directing the division of the plaint ‘A’ schedule property into three equal shares and allotting one such share to the plaintiffs by appointing a Commissioner, if necessary, and for declaration of the title over the property to the plaintiffs for ‘B’ schedule property and for directing the defendant to deliver possession of the ‘B’ schedule property.

4. It is not necessary to extract the mutual pleadings and it is sufficient to state that the rights of the parties are dependent on a Will said to have been executed by one Ebanazer, predecessor-in-title of the property in respect of which the disputes have arisen. It is stated that during the pendency of the said suit, the plaintiffs have filed a Probate proceeding before the District Judge, Kolar and also have

obtained Probate order dated