Shree Chandrashekhar, J. - (1.) The petitioners are aggrieved of order dated 22.03.2005 passed in Partition Suit No.80 of 2004 by which their application under section 10 CPC for staying further proceeding in the partition suit has been declined.
(2.) This writ petition was initially filed by Rajeshwari Prasad Singh-petitioner no.1 and Surendra Prasad Singh-petitioner no.2, however, on death of the petitioner no.1 his legal heir, who was arrayed as respondent no.14, has been made a co-petitioner; I.A. No.5405 of 2017 for his transposition as co-petitioner has been allowed by order dated 23.08.2017.
(3.) The substituted petitioner no.1 is represented through Mr. Binod Singh, the learned counsel and the petitioner no.2 is represented by Mr. Ram Subhag Singh, the learned counsel.;