IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.192 of 2010
TULSI PRASAD
Versus
OM PRAKASH GUPTA
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For the appellant : Mr. Ram Hriday Prasad, Advocate
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4 13.07.2010 Learned counsel is permitted to make
necessary correction with regard to address of
respondent no. 1.
I.A. No. 5520 of 2010 has been filed for
stay of further proceeding of Execution Case No. 2 of
2001 pending before the Munsif, Jehanabad. The
plaintiff – respondent filed Eviction Suit No.
136/1989 for evicting the defendant – appellant on
the ground of default as well as bona fide personal
necessity. It is submitted on behalf of the
petitioner that the suit was decreed on the ground of
default. The appellant then preferred Title Appeal
No. 20 of 2000 / 6 of 2008, which was also dismissed.
Thereafter present second appeal has been preferred
by the defendant – appellant. A petition under Order
41 Rule 5 of the C.P.C. has also been filed by the
appellant for stay of the aforesaid Execution Case
No. 2 of 2001. However, the same has been
2
dismissed by the learned Registrar General /
Lawazima Board by order dated 21.5.2010.
Thereafter, the learned counsel has preferred the
present interlocutory application.
Learned counsel submitted that the suit
property is a house in which the defendant –
appellant is residing in the suit premises along with
other family members and if the Execution Case is
not stayed then the defendant – appellant will face
irreparable loss as he is in difficulty in vacating the
house immediately.
However, the appellant had subsequently
filed a supplementary affidavit undertaking that he
will vacate the suit premises within six months
from today.
In above view of the matter, let notice be
issued to the respondent under ordinary process as
well as registered cover with A/D to show cause as to
why this application be not allowed for which
requisites etc. must be filed within one week, failing
which this application shall stand dismissed without
further reference to a Bench.
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In the meantime the further proceeding in
Execution Case No. 2 of 2001 pending in the Court
of Munsif, Jehanabad, shall remain stayed till further
order.
Put up this matter immediately under
appropriate heading after service of notice upon
respondent or on 13th January, 2011 whichever is
earlier.
(Dr. Ravi Ranjan, J.)
Spd/-