Deepak Gupta, J. —This petition is directed against the order dated 31st March, 2010 passed by the learned Additional District Judge, Ghumarwin whereby he allowed the application filed by the respondents under Section 10 of the Code of Civil Procedure for stay of proceedings at the appellate stage.

2. The undisputed facts are that the suit not of which the present proceeding arises was filed by the petitioners in the year 1993. The respondents herein filed another suit in the year 1997. There is some dispute with regard to the fact as to whether the matter directly and substantially in issue in both the suits is same or not, but at this stage I am not going into that question because it is not necessary to decide this factual aspect of the matter in view of the view which I have taken as would be apparent from the subsequent portion of this judgment.

3. As pointed out above, the suit filed by the respondents was the subsequent suit filed in the year 1997. It, however, was decided against the respondents and in favour of the appellants on 4.12.2001. The appeal filed by the respondents hereinbefore the learned lower Appellate Court was allowed in 2009 and the Petitioners he