IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.79 of 2011
Suresh Ram
Versus
Deonandan Pd.
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03. 24.10.2011. Heard the learned counsel for the appellant on
I.A. No.6386 of 2011.
This is an application under Order 41 Rule 5 of
the C.P.C. which has been filed for stay of further
proceeding in Execution Case No.3 of 2011 pending in
the Court of Sub Judge I, Danapur.
The learned counsel for the appellant
submitted that the suit property is residential building
wherein the appellant is residing with his family
members. If during the pendency of the appeal the
appellant will be dispossessed, the appellant shall suffer
serious loss and irreparable injury.
Issue notice to the respondent in stay matter
in ordinary process as well as registered post both for
which the appellant shall file the requisites within 14th
of November, 2011. Peremptory.
In the meantime, further proceeding in
Execution Case No.3 of 2011 pending in the Court of
Sub Judge I, Danapur shall remain stayed.
Saurabh (Mungeshwar Sahoo,J.)