JUDGMENT :

DR. A.K. RATH, J.

1. By this application under Article 227 of the Constitution of India challenge is made to the order dated 2.1.2015 passed by the learned 3rd Additional District Judge, Puri in R.F.A. No.1/32 of 2013/2010. By the said order, learned lower appellate court rejected the application of the defendant no.1 to stay the further proceeding of the appeal till disposal of Consolidation Revision Case No.5 of 2014 pending before the Commissioner of Consolidation.

2. The opposite party nos.1 and 2 as plaintiffs instituted C.S. No.144 of 2007 in the court of the learned Civil Judge (Sr. Divn.), Puri for declaration of title, confirmation of possession and permanent injunction impleading the petitioner as well as opposite party no.3 as defendants. Pursuant to issuance of summons, the defendant no.1 entered appearance and filed a written statement denying the assertions made in the plaint. The suit was decreed. Assailing the judgment and decree of the learned trial court, the defendant no.1 preferred R.F.A. No.32/2010 before the learned District Judge, Puri, which is pending adjudication. While the matter stood thus, the defendant no.1 filed an application to stay the furt