IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.740 of 2019 ====================================================== Mahendra Saw Son of Late Deonandan Saw Resident of Muhalla Tulsi Gali, Rajgir, Police Station Rajgir, District- Nalanda. ... ... Petitioner/s Versus Umesh Kumar Son of Late Sachchidanand Prasad in the capacity of Manager, Sukul Sao Dharamshala, Giriak Road, Rajgir, Resident of Muhalla Alinagar, Police Station Bihar, District- Nalanda. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar Sinha 2, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 15-07-2025 Heard learned counsel for the petitioner. 2. The petitioner is aggrieved by the order dated 03.11.2018 passed by learned Munsif Civil Judge, Junior Division, Biharsharif, Nalanda in Eviction Case No. 23 of 2015 whereby and whereunder the prayer of the defendant/petitioner for stay of the Eviction Suit was rejected. 3. Learned counsel for the petitioner submits that the plaintiff/respondent has filed a suit concealing the fact that he has executed a lease for 99 years in favour of the defendant/petitioner. The defendant/petitioner is in possession of the suit property and has paid Rs. 2,00,000/- as salami and is paying annual amount of Rs.10/- to the plaintiff/respondent. The defendant/petitioner has also instituted Title Suit No. 166 of 2017 in the Court of the learned Sub Judge 1st Bihar Sharif, Patna High Court C.Misc. No.740 of 2019(2) dt.15-07-2025 2/2 Nalanda for declaration of his title. Therefore, prayer was made for stay of the eviction suit, in the light of aforesaid facts and circumstances. Thus, learned counsel submits that the impugned order is not sustainable. 4. Bare perusal of the impugned order shows that the defendant/petitioner has filed a petition for stay of a suit which was filed prior to the institution of Title Suit of the defendant/petitioner. Section 10 of the Code of Civil Procedure provides for stay of subsequent suit under certain conditions. But there is no provision for stay of the previous suit. Hence, I find no infirmity in the impugned order dated 03.11.2018 and the same is affirmed. 5. Accordingly, the present civil miscellaneous petition stands dismissed. anuradha/- (Arun Kumar Jha, J) U