IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10652 of 2011 Sita Ram Sao Versus Smt.Shanti Devi ----------- 03. 08.07.2011. Heard the learned counsel for the petitioner. This writ application has been filed against the order dated 06.05.2011 passed by Munsif-Ist, Gaya in Eviction Suit No.15 of 2008 whereby the learned Court below rejected the application filed by the petitioners praying therein to stay the further proceeding in Eviction Suit No.15 of 2008 till the disposal of probate case No.18 of 2010. From perusal of the impugned order, it appears that the eviction suit is at the stage of final hearing and the case has been fixed for argument. It further disclose that on 21.04.2011, the petitioner argued the case in part and thereafter this application has been filed with a prayer to stay further proceeding of the eviction suit till the disposal of the probate case. From the nature of the suit, it is clear that the issue involved in the eviction suit which has been filed by the landlord under the Bihar Building (Lease, Rent and Eviction Control) Act, 1982 is not 2 the issue directly and substantially in issue in the subsequent proceeding filed by the petitioners under the provisions of Indian Succession Act. I, therefore, find that the learned Court below has rightly rejected the application filed by the petitioner. Thus, this writ application has got no merit and accordingly it is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)