4. Admitted facts and circumstances stand that the plaintiff is now in ap
peal vide R.F.A. No. 89 of 2009 questioning the judgment and decree passed in C.S. No. 01 of 2
003 in dismissing his suit. In the said suit, right to re-purchase; declaration of the sale-de
ed be null and void are the issues which have been decided against the plaintiff. Those findin
gs however stand binding until and unless set aside. The plaintiff instead of resorting to clo
se that list is very much pursuing the said appeal.
In view of the same, the trial court when has taken a view that since the find
ings on those issues stand and have been put to test before the first appellate court, decisio
n on those again taking into account the changed circumstances as stated in the present suit w
ould not be proper. In that view of the matter by going to pass an order of stay of further pr
oceeding of the present suit till disposal of the said first appeal, the trial court is not fo
und to have travelled beyond the bounds of its authority nor it is found that there has been m
iscarriage of justice thereby.
5. In the result, the application stands dismissed. No order as to cost.
