Bibi Sarwat Begum @ Sarwat Begum v. Md. Shafique And ORS

Patna High Court C.Misc. No.1492 of 2016 (2) dt.08-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1492 of 2016 ====================================================== Bibi Sarwat Begum @ Sarwat Begum .... .... Appellant/s

Versus

Md. Shafique & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Radha Mohan Pandey For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 08-12-2016 Heard the learned counsel, Mr. Radha Mohan Pandey for the petitioner.

Perused the impugned order dated 24.11.2016 passed by Sub Judge III, Gaya in Execution Case No.4 of 2016. According to the learned counsel for the petitioner himself, he has filed title appeal against the impugned judgment and decree before the lower appellate court wherein application under Order 41 Rule 5 C.P.C. has been filed praying for stay of execution case and the Court below had already granted stay for 10 days.

In such view of the matter, this application before the Executing Court for stay of the execution case itself was not maintainable and the Court below has rightly rejected the same. Thus, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Accordingly, this

Patna High Court C.Misc. No.1492 of 2016 (2) dt.08-12-2016 Civil Miscellaneous application is dismissed. However, the petitioner may pursue the application before the appellate court.

(Mungeshwar Sahoo, J) Saurabh/- U T