IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10155 of 2011 Smt. Dujia Devi & Ors Versus Ram Prasad Sharma & Anr ----------- 2. 01.07.2011 Heard the learned counsel for the petitioners. This writ application has been filed against the order dated 1.3.2011 passed by 4th Sub-ordinate Judge, Gopalganj in Title Suit No. 61 of 2008 whereby the learned court below rejected an application filed by the petitioner under Section 10 of Code of Civil Procedure for staying the further proceeding in the present suit on the ground that earlier same issue had already been decided in Title Suit No. 272 of 2000 which is now pending before the Hon’ble High Court in Civil Revision No. 936 of 2007. The learned counsel for the petitioner submitted that the issue involved in the present suit was also involved in the earlier suit and, therefore, under Section 10 of Code of Civil Procedure further proceeding should have been stayed by the court below. 2 From perusal of the impugned order, it appears that the judgment and decree passed by the trial court as well as the appeal pending against the trial court’s judgment and decree have been held to have abated under Section 4(c) of the Consolidation Act and against the said order passed under Section 4(c) civil revision is pending before the High Court. As it has already been held as abated and that the learned court below has found that the parties are different and also the prayer in both the suits are different the prayer has been rejected. In such view of the matter in exercise of supervisory jurisdiction, I am not inclined to interfere with the impugned order. Accordingly, this writ application is dismissed. S.S. (Mungeshwar Sahoo,J.)