Kauleshwar Sah v. Sunita Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2799 of 2013 ====================================================== Kauleshwar Sah, Son of Late Brij Bihari Sah, R/o Mohalla-Gaushganj, Kashbe, Ara, P.S.-Ara Nagar, District-Bhojpur. .... .... Petitioner.

Versus

Sunita Devi, Wife of Rakesh Singh, R/o Village-Bakhorapur, P.S.- Badaharsa, District-Bhojpur, Ara.

.... .... Respondent.

====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh For the Respondent/s : Mr. Anish Chandra Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 07-12-2015 No body appears on behalf of the petitioner.

Mr. Anish Chandra Sinha, the learned counsel is present and has been heard on behalf of the opposite respondent. Questioning the legal acceptability of the impugned order by which the learned court below has rejected the prayer on behalf of the petitioner for stay of further proceeding of the execution case, the present application under Article 227 of the Constitution of India has been filed.

It is not in dispute that the suit for declaration of title and for recovery of possession has been decreed in favour of the respondent and thereafter the respondent has filed the execution case for delivery of possession. The petitioner in the meantime filed a petition under Order 9 Rule 13 C.P.C. for setting aside the ex parte decree and in that proceeding he filed the

Patna High Court CWJC No.2799 of 2013 (7) dt.07-12-2015 petition for stay of further proceeding of the execution case which has been rejected by the court below.

No body has appeared on behalf of the petitioner. The writ application is dismissed as not pressed. (V. Nath, J) Nitesh/- U