Shree Chandrashekhar, J. - (1.) Inspite of service of notice upon the respondents, they have not chosen to appear in the present proceeding.
(2.) Aggrieved of order dated 03.03.2009 passed in Title Suit No. 46 of 1999 by which further proceeding in the said suit has been stayed till disposal of Partition Suit No. 28 of 1999, the petitioners have approached this Court.
(3.) Briefly stated, Title Suit No. 46 of 1999 and Partition Suit No. 28 of 1999, both were instituted on the same day, that is, on 25.11.1999. Title Suit No. 46 of 1999 was instituted by Smt. Tejni Devi for a decree of declaration of her title and possession over schedule 'B' properties. In the said suit, initially there were 9 defendants, one of the defendants was Jiblal Yadav. Partition Suit No. 28 of 1999 was instituted by Basudeo Yadav and Gokhul Yadav. In the partition suit, there were as many as 29 defendants, one of them was Jiblal Yadav. Cause of action for instituting Title Suit No. 46 of 1999 has been disclosed by the plaintiff in paragraph no. 13 and 14 of the plaint, whereunder she has averred that the defendants have threatened her to dispossess her from the suit land and harvest the crops grown over the suit property. The plaintiff in Title Suit No. 46 of 1999 has laid a claim over the suit schedule properties by virtue of a registered sale deed dated 12.10.1955 which was executed by Mostt. Sukari in favour of the plaintiff. Whereas, Partition Suit No. 28 of 1999 has been instituted for a preliminary decree of partition claiming 1/3rd share in Khata No. 1, 1/4th share in Khata Nos. 8 and 57, 1/12th share in Khata Nos. 11, 13 and 14, 1/8th share in Khata No. 34, 1/2 share in Khata No. 36, 1/8th share in Khata No. 46, 1/2 share in Khata No. 25 and 1/12th share in Khata No. 73 in schedule 'B' lands.;