IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.143 of 2010
BISHUN LAL & ORS.
Versus
GANESH LAL & ORS.
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6 23.11.2010 Learned counsel for the appellants files a plain
true typed copy of the certified copy of the decree under
appeal for purpose of removal of defect no. 1, as pointed out
by the stamp report dated 15.04.2010.
Let it be kept on the record.
I.A. No. 8123 of 2010 has been filed under Order
XLI Rule 5 of the Code of Civil Procedure with a prayer for
stay of the further proceeding of Execution Case No. 2 of
2010, pending in the court of the Munsif, Nawada during
the pendency of this appeal.
This appeal has been preferred against the
judgment and decree passed by the Ist Additional District
Judge, Nawada in Title Appeal No. 41 of 1984, whereby he
has allowed the appeal and set aside the judgment and
decree passed by the Munsif, Nawada in Title Suit No. 13 of
1981.
Plaintiffs have brought Title Suit No. 13 of 1981
for declaration of title and recovery of possession after
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evicting the defendants from the disputed land and
structures standing thereupon. The trial court after
consideration of the materials on record has dismissed the
suit on contest. Plaintiffs-respondents preferred Title Appeal
No. 41 of 1984. The lower appellate court has reversed the
finding recorded by the trial court and has set aside the
judgment and decree passed by the trial court and allowed
the appeal.
Learned counsel for the appellants submits that
the suit property is house and shop standing over the suit
land, which has been described in Schedule II of the plaint.
It is urged that the suit has also been brought for recovery of
possession, thus, it is clear that the defendants-appellants are
in possession of the suit property. If they are evicted during
the pendency of this appeal they would be put to substantial
loss.
Issue notice to the respondents in I.A. No. 8123 of
2010 under ordinary process as well as registered cover with
acknowledgement due on requisites etc. being filed within
two weeks, failing which, the aforesaid interlocutory
application shall stand rejected without further reference to
a Bench.
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In the meantime, the further proceeding in
Execution Case No. 2 of 2010, pending in the court of the
Munsif, Nawada, shall remain stayed till final disposal of
this interlocutory application.
SC (Dr. Ravi Ranjan, J.)