H.S.Bedi, J.

1. The present petition arises out of an order of the Sub Judge 1st Class, Fathegarh Sahib dated 20.9.1990 by which the application of the respondents under Section 10 of the Code of Civil Procedure for staying of the proceedings in the present suit has been allowed.

2. The facts of the case are that on 25.2.1980 Kirpal Singh, the deceased husband of Surjit Kaur suffered a decree for possession in favour of the petitioners and thereafter handed over possession to them. He was thereafter on 16.5.1981 murdered by Pal Singh, petitioner, Lachman Singh and Sadhu Singh, father and uncle of the petitioner respectively, and one Badan Singh. On 25.5.1981, Surjit Kaur and Harnek Singh filed a suit for declaration that the decree dated 25.2.1980 was bad in law and also sought the relief of a decree for permanent injunction. This suit was decreed on 17.11.1983 and the order of the trial court was confirmed in appeal by judgment dated 17.10.1985. Against the concurrent findings of the fact recorded by the Courts below the defendants have filed R.S.A. No. 124 of 1986 which is yet pending in this court. The findings recorded by courts was that decree dated 25.2.1980 was a nul