In an instant case the court in a partition suit decreed the matter and dispose off the matter by drawing F.D.P which got registered before the jurisdictional registrar say about a decade ago, whereas, instantly the LRs of JDR challenged the F.D.P before a competent court on the ground that the same is obtained on forged documents. The hon'ble court has admitted the suit and is pending, Mean while now the Decree Holders in that suit filed an application before the other court for the partition of further schedule suit property into the share of the petitioners by pending with the challenged F.D.P.
Now the query is can any one of the interested party brings Stay u/s 10 of c.p.c? OR the instant court can proceed for further partition by keeping abeyance to the pending suit?
