JUDGMENT :

DR. A.K.RATH, J.

1. This petition challenges the order dated 17.05.2017 passed by the learned 2nd Civil Judge (Senior Division), Bhubaneswar in C.S No.1012 of 2008 whereby and where under the learned trial court allowed the application of the defendants under Section 151 CPC to stay the further proceeding of C.S. No.1012 of 2008 till disposal of C.S. No.4747 of 2014 arising out of Test Case No.27 of 2009 pending before the same court.

2. Petitioner as plaintiff instituted C.S. No.1012 of 2008 in the court of the learned 2nd Addl. Civil Judge (Senior Division), Bhubaneswar for partition impleading the opposite parties as defendants. Defendant no.1 filed an application being Test Case No.27 of 2009 under Section 276 of the Indian Succession Act before the learned District Judge, Khurda at Bhubaneswar for probate of the Will said to have been executed by the father of the parties. Since issues became contentious, Test Case No.27 of 2009 was transferred to the court of learned 2nd Addl. Civil Judge (Senior Division), Bhubaneswar and renumbered as C.S. No.4747 of 2014. Both the cases are pending adjudication in the same court. While the matter stood thus, defendant no.1 filed an