THE HON’BLE SRI JUSTICE A.GOPAL REDDY C.R.P.No. 4504 of 2010 ORDER: This civil revision petition is directed against the order dated 06.09.2010 in I.A.No.143 of 2010 in O.S.No.178 of 2006 passed by the Junior Civil Judge, Kaikalur whereby the application filed by the petitioner under Section 10 C.P.C. to stay the proceedings in O.S.No.178 of 2006 till the disposal of O.S.No.125 of 2006 on the file of the Senior Civil Judge’s Court, Gudiwada, was dismissed with costs. The petitioner who is the second defendant in O.S.No.178 of 2006 filed for permanent injunction filed O.S.No.125 of 2006 for specific performance of an agreement of sale dated 23.01.2004 and filed the present interlocutory application to stay the proceedings in O.S.No.178 of 2006 stating that the subject matter of the said suit and the present suit is one and the same and the parties are also one and the same and the present suit which is filed subsequent to the filing of the suit in O.S.No.125 of 2006 cannot be proceeded with and therefore, it should be stayed. The respondents contested the application stating that the present suit was filed by them on 26.05.2006 in the vacation Court whereas O.S.No.125 of 2006 was filed by the petitioner on 02.06.2006 subsequent to the filing of the present suit. Therefore, the present suit was numbered later to the suit filed by the petitioner. It is their case that the evidence is completed and the matter is coming up for arguments. Therefore, filing of the present application at this stage is only with an intention to protract the litigation. The lower Court after taking into consideration the fact that the trial has already been completed and the matter is coming up for arguments and the relief claimed in the present suit is entirely different from the relief claimed in O.S.No.125 of 2006, dismissed the application. The suit filed by the petitioner is only for specific performance of an agreement of sale and if he succeeds in the suit, he can always take possession of the property in execution of the decree for specific performance from the plaintiffs in the present suit. In view of the same, I do not find any illegality in the order of the lower Court warranting interference by this Court. The civil revision petition is accordingly dismissed. No costs. A.GOPAL REDDY,J Dt. 28.10.2011 lvl THE HON’BLE SRI JUSTICE A.GOPAL REDDY C.R.P.No. 4504 of 2010 Dt.28.10.2011