Ram Surat Ram (Maurya), J. –

Heard Sri Promod Kumar Sinha for the petitioner and Sri K. Ajit for the respondents.

2. This petition has been filed for setting aside the order of Civil Judge (Junior Division) dated 29.4.2014 rejecting the application of the petitioner for staying the proceeding of Suit i.e. O.S. No. 427 of 1991 under Section 10 CPC during pendency of Second Appeal No. 2571 of 1979 (arising out of O.S. No. 571 of 1973) before this Court and the order of Additional District Judge dated 10.3.2016 dismissing the revision of the petitioner filed against the aforesaid order.

3. The contention of the counsel for the petitioner that earlier Ram Das and others (predecessors of the plaintiffs in O.S. No. 427 of 1991) filed a suit (registered as O.S. No. 571 of 1973) raising dispute relating to easementary right over passage in dispute. In this suit the petitioner was impleaded as defendant-4. The trial court also framed an issue to the effect that whether defendants - 3 to 6 have any right over the passage in dispute, and if so, its effect? As in this suit defendants - 3 to 6 had claimed their easementary right over the passage. While deciding this issue, trial court in i