ABDUL MUHIT BARBHUIYA Vs. DUKAR KHASIA

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel for the petitioners.

(2.) Though the petition is styled as an application under Section 115 CPC read with Article 227 of the Constitution of India, Mr. Dhar submits that this application may be treated as an application under Article 227 of the Constitution of India.

(3.) This petition is directed against the order dated 30.11.2017 passed by the learned Munsiff No. 2, Hailakandi in Title Execution Case No. 9/2017 whereby the learned trial court rejected the Petition No. 148/18 praying for staying the execution case. It is stated in the said petition that the judgment-debtors (petitioners) had filed IA(C) No. 3413/2017 against the judgment and decree passed in Title Suit No. 73/2010 before this Court and therefore, it is necessary to stay the execution proceeding till the disposal of the aforesaid case.