BISWANATH GOCHHAYAT Vs. MAYADHAR PARHI

JUDGEMENT

(1.) IN this Writ Petition the petitioner seeks to assail the order dated 7th February, 2005 passed by the learned Addl.Civil Judge (JD), Basudevpur in Execution Case No.3 of 1985 refusing to stay further proceedings of the said Execution Case till final disposal of T.S. No.15 of 1990 pending in that very Court.

(2.) THE point in dispute which needs determination in this case is as to whether a decree under execution which has attained finality can be stayed only on the ground that another suit has been filed challenging the said decree.

(3.) ACCORDING to learned counsel for the petitioner, the right of the petitioner in respect of the suit property needs to be protected until disposal T.S. No.15 of 1990 filed by him, and the executing Court has acted illegally and with material irregularity in rejecting the petition filed to stay further proceedings of the Execution Case.