Rajkumari Sinha v. Rekha Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.540 of 2021 ====================================================== Rajkumari Sinha Wife of Sri Basudeo Prasad Resident of mohalla - Jay Prakash Nagar, P.O. and District- Khagaria.

... ... Petitioner

Versus

Rekha Devi Wife of Udeshwar Prasad Yadav Resident of Village - Awas Board, Khagaria, Pargana - Farkia, P.O. - Koshi College, P.S. - Nagar Thana, Anchal and Dist. - Khagaria.

... ... Respondent ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Ghosarvey For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-05-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner.

The executing court directed to issue delivery of possession vide order dated 18.09.2021.

Learned counsel for the petitioner has submitted that no proper opportunity was given to him by the executing court to bring the stay order from the appellate court.

From perusal of impugned order it appears that initially the first appellate court has stayed the proceedings of execution court till appearance of the opposite parties but after appearance of the parties the stay order was not extended.

The learned court below had no option but to proceed as there is no stay by the appellate court. There is no any error which

Patna High Court C.Misc. No.540 of 2021(2) dt.18-05-2022 2/2 requires to be corrected.

Accordingly, the civil miscellaneous petition is dismissed. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U