CRP 421/2009 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr RP Sarmah, learned counsel for the petitioner and Mr Hazarika, learned counsel for the opposite party. The order impugned is one dated 17.8.2009 passed by the learned Munsiff No.4, Kamrup at Guwahati in Misc. (J) Case No. 138/2009 staying further proceedi ngs in Title Suit No. 192/2008 pending before the same Court on the ground of pe ndency of Title Suit No. 303/2006 in the Court of the learned Civil Judge (Sr. D ivision) No. 3 at Guwahati. The order, on a plain reading suggests, was passed b y invoking power under Section 10 of the Code of Civil Procedure read with Secti on 151 thereof. It is submitted at the Bar that meanwhile Title Suit No. 303/2006 has be en dismissed on merits. In the above view of the matter, in the opinion of this Court, the order dated 17.8.2009 has been rendered non-est. Though it is submitt ed that an appeal has been preferred against the decree of dismissal, the impugn ed order in the above factual backdrop cannot come in the way of further progres s in Title Suit No. 192/2008 in accordance with law. In the above view of the matter, the petition stands closed. No costs.