Hon’ble Jayant Banerji, J.—The petitioners, who are the defendants in O.S. No. 14 of 1999 have challenged the order dated 22 May 2017, passed by the District Judge, Bulandshahar in Civil Revision No. 57 of 2017 as well as the order dated 23 September 2016, passed by Additional Civil Judge (Junior Division), Khurja, Bulandshahar in Original Suit No. 14 of 1999. The petitioners have further prayed for allowing the application under Section 10 of Code of Civil Procedure,1908 (hereinafter referred to as C.P.C.) staying the proceedings of O.S. No. 14 of 1999 (Rahees Ahmad v. Mohd. Yunus and others) during the pendency of the previously instituted suit No. 349 of 1983 (Abdul Azeez v. Sameena and others).

2. On 23 October 2017, notices were directed to be issued to the sole respondent both by registered post as well as Dasti and the matter was directed to be listed on 15 November 2017. On 15 November 2017, an affidavit of service was filed on behalf of the petitioners which was taken on record by the Court and the Court recorded that the notice is sufficient on the respondent and that the Court may proceed against the respondent. However, in the interest of justice, the Court directed that the matter be listed again on 24 November 2017.

3. Heard Shri Ravi Anand Agarwal, learned counsel for the petitioner. No one has appeared for the respondent.

4. The facts giving rise to the present petition are that a suit being O.S. No. 349 of 1983 (hereinafter referred to as the suit of 1983) was filed in the Court of Civil Judge, Bulandshahar by the eight plaintiffs therein claiming a relief for partition and possession of their respective portions. Some persons were arrayed as defendants. It appears that on 17 July 1985, the plaintiff Nos. 1, 2, 3, 4 and 5 sold their respective portions in the suit property to Mohammad Yusuf Qureshi and Mohammad Yameen Qureshi (who were added as plaintiff Nos. 10 and 11 respectively in that suit). On 17 July 1985 itself, the plaintiff Nos. 6, 7 and 8 sold their respective portions in the suit property to Mohammad Yunus Qureshi (added as plaintiff No. 9 in that suit). In that suit one Rahees Ahmad son of Abdul Majeed was arrayed as defendant No. 5. A copy of the amended plaint has been filed as Annexure-3 to the petition. No map or plan of the suit property has been enclosed in the plaint.

5. The address and boundaries of the suit property have been stated at the foot of the plaint as follows:

Mohalla Sheikh Saheban, Kasba Khurja, District Bulandshahar
East	Khand Saal Ramesh Chand.
West	Main Door, House and Chabutara and thereafter road.
North	House of Chhotey Hakeem.
South	Godown of Ismail and House of Bakshi.

6. In the suit of 1983 by means of an order dated 7 October 1988, the defendant Nos. 4 and 5 were restrained from changing the spot position without permission of the Court till further orders of the Court.

7. Thereafter, Rahees Ahmad (Defendant No. 5 of the suit of 1983) filed a suit in the Court of Civil Judge (Junior Division), Khurja, District Bulandshahar on 18 January 1999 being O.S. No. 14 of 1999 (Rahees Ahmad v. Mohd. Yunus and others) (hereinafter referred to as the suit of 1999) claiming relief of permanent injunction against the defendants namely, Mohd. Yunus, Mohd. Yusuf, Mohd. Idrish and Mohd. Yamin restraining them not to interfere in the reconstruction of the existing wall shown as letter “B” “C” and “D” in the hand made plan in the plaint of suit of 1999. It is contended by the learned counsel for the petitioners that said Mohd. Yunus, Mohd. Yusuf and Mohd. Yamin are plaintiffs Nos. 9,10 and 11 respectively in the Suit of 1983. The boundaries of the property as shown in the hand made plan in the plaint of the suit of 1999 are as follows:

East	House of Mahmood Ali @ Kalua.
West	Passage (A, B, C, H) leading to Shop, Chabutar