(1.) THE petitioner is original plaintiff of regular Civil Suit No. 242 of 1998 and the respondents are the original defendants.
(2.) PETITIONER is a business man and owner of several movable and immovable property; one of which is a piece of agricultural land bearing survey No. 162(2+3) admeasuring 0- 96-11 HEC.-ARE-SQM situated at Bodakdev, District Ahmedabad.
(3.) FIRST Appeal was preferred by the respondent herein being First Appeal No. 473 of 1998 which was admitted. However that appeal came to be dismissed for want of prosecution. In the mean time, the petitioner filed regular Civil Suit No. 242 of 1998 seeking declaration and permanent injunction. An application Exh. 93 was moved by the respondent herein to stay the proceedings of the suit under Section 10 CPC.