IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1959 of 2008 MEHRUNNISHA & ORS Versus SARDAR PATEL & ORS ----------- 3 2/12/2008 Heard counsel for the petitioners. In the opinion of this Court stay of a suit under section 10 of the Act was only possible if lis is involved with regard to the same property. The court below has recorded that the plot in question which is subject matter of the present suit was no where covered by the earlier decree against which first appeal is pending. That being so, pure question of fact cannot be gone into by this Court in exercise of power under section 115 of the Code of Civil Procedure. Accordingly, this application being wholly misconceived is hereby dismissed. (Mihir Kumar Jha, J.) Abhay Kumar