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In view of the fact that the subject matter of the suit and the dispute stands already settled and is now pending in RSA and in writ petition before this Court, the suit filed by the plaintiff- respondent should have been stayed in exercise of power under Section 10 CPC. Counsel for the petitioner has drawn my attention to the contents of the plaint filed by the plaintiff- respondent wherein the plaintiff has prayed for a decree for declaration that he alongwith others are joint owners in possession and the entries in the jamabandi of the year 1956-57 and 1960-61 are inconsistent with Parat Sarkar.