Manoj Kumar Gupta, J. - (1.) By instant petition filed under Article 227 of the Constitution, the petitioners have challenged the order dated 24.1.2017 passed by the trial Court in Original Suit No. 83/2012 rejecting their application 42Ga. The said application was filed by the petitioners, who are defendants in the suit, with the prayer to stay the proceedings of the suit in exercise of power under Section 10 CPC, in view of the pendency of the Second Appeal No. 805/2014 between the same parties before this Court, arising out of Original Suit No. 233/1998.
(2.) The trial Court has recorded a categorical finding in the impugned order that the second appeal filed by the petitioners before this Court has not been admitted so far, and therefore, Section 10 would not be applicable. The petitioners being aggrieved by the order of the trial Court filed a revision, which has also been dismissed by impugned order dated 30.10.2017.
(3.) Counsel for the petitioners submitted that once a second appeal has been presented before this Court, the proceedings of the suit shall be deemed to be continuing, and thus, Section 10 would come into play.;