Surendra Baheliya v. Rita Devi And ANR

Patna High Court C.Misc. No.27 of 2016 (3) dt.29-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.27 of 2016 ====================================================== Surendra Baheliya .... .... Appellant/s

Versus

Rita Devi & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Arun Kumar Rai For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 29-08-2016 Learned counsel, Mr. Arun Kumar Rai, appearing for the petitioner submitted that in view of the order passed by this Court in C.W.J.C. No. 2343 of 2016 heard along with this civil miscellaneous, he may be permitted to withdraw this civil miscellaneous application.

Permission is accorded.

Accordingly, this civil miscellaneous application is dismissed as withdrawn.

However, learned counsel for the parties submitted that they will assist the Executing Court to expedite the disposal of Miscellaneous Case No. 31 of 2013 and for that they will not pray for unnecessary time in the court below and shall examine the witnesses, expeditiously, so that the miscellaneous case may be disposed of expeditiously.

It is made clear that till the disposal of the

Patna High Court C.Misc. No.27 of 2016 (3) dt.29-08-2016 miscellaneous case, the delivery of possession with respect to the property claimed by respondent No.2, herein, Nirmala Sinha, shall remain stayed. So far execution case is concerned, it shall proceed against other persons i.e. judgment debtor.

brajesh/- (Mungeshwar Sahoo, J.) U