BASANT KUMAR KESHARI Vs. VINOD KUMAR KESHARI

JUDGEMENT

(1.) Heard.

(2.) This writ petition has been filed against the order dated 7.9.2009 passed by Sub Judge-I, Garhwa in Partition Suit No. 20 of 2006 rejecting the petition filed on behalf of defendant no.2-petitioner under section 10 read with section 151 of the Code of Civil Procedure (for short "C.P.C.") for staying the suit till the pendency of First Appeal No. 12 of 2009. now renumbered as Miscellaneous Appeal No. 272 of 2009, pending in this Court.

(3.) Mr. V.P. Singh, learned senior counsel appearing for the petitioner, submitted that a Will was executed in favour of the sons of the petitioner for which a probate case was filed and against the judgment of probate case the said appeal is pending. He further submitted that the properties in the said probate case and the present partition suit being Partition Suit No. 20 of 2006 are same and there are chances of conflicting decision if the suit is not stayed during pendency of the said appeal.