SHREE CHANDRASHEKHAR,J. - (1.) Aggrieved by order dated 21.05.2014 in Title Suit No.45 of 2012 whereby, application under Section 10 CPC has been rejected, the present writ petition has been filed.
(2.) The brief facts of the case are that, Title Suit No.31 of 1989 was instituted by the petitioner no.1 and deceased Rashidan Bibi against one Amina Khatoon and other four persons. In the suit, besides share in the suit property, a declaration that agreement dated 02.02.1983 executed by the defendant nos.1 to 3 and the saledeed in favour of the defendant nos.4 and 5 executed by defendant nos.1 to 3 dated 07.01.1986 bearing saledeed nos.169 and 170 are void and illegal was sought. The suit was dismissed on 22.12.2011 and thereafter, Title Suit No.45 of 2012 was instituted by Miraj Ahmad and Halima Khatoon. In the subsequent suit, the petitioners are defendant nos.1 and 2. Title Suit No.45 of 2012 was instituted seeking a declaration of joint ownership over the suit premises by virtue of saledeed executed by Amina Bibi and her two daughters on 07.01.1986. A decree for recovery of possession of the suit premises was also sought. In the pending Title Suit No.45 of 2012, application dated 04.09.2013 was filed seeking stay of further proceeding in the title suit on the ground of pendency of Appeal No.32 of 2012, which was filed by the petitioners challenging judgment and order dated 22.12.2011 in Title Suit No.31 of 1989. The said application has been dismissed vide order dated 21.05.2014. Aggrieved, the petitioners have approached this Court.
(3.) Heard the learned counsel for the parties.;