Bakshish Kaur, J. - (1.) THE Petitioner's prayer to stay the proceedings in Civil Suit No. 265 -RT instituted on 13.9.1997/19.3.1997 under Section 10 of the Code of Civil Procedure was declined by the learned Additional Civil Judge (Senior Division), Narnaul. Hence, this civil revision.
(2.) I have heard Mr. Ajay Jain, learned Counsel for the Petitioners and Mr. Prabodh Mittal, learned Counsel for the Respondents. Jangli Ram, Mahada Ram and others had filed a suit for declaration that they are owners in possession of half share of the land measuring 44 kanals 9 marlas. as per jamabandi for the year 1994 -95. The entries in the column of cultivation recorded in the name of the Defendants on the basis of the mutation is wrong, against law and null and void. It is, therefore, prayed that in place of Defendants, the names of Plaintiff's be recorded in the revenue record in the column of cultivation.
(3.) THE suit is resisted by the Defendants, who, inter alia, contended that the matter in dispute is already pending before the High Court, therefore, proceedings are liable to be stayed. Along with it, an application under Section 10 of the Code was also filed seeking stay of the proceedings.;