KISHUN DUBEY Vs. KAMLA PRASAD TIWARY

JUDGEMENT

(1.) This revision application is directed against the judgment of the Subordinate Judge, Gopalganj, by which he dismissed Misc. Case no. 74 of 1975, filed under section 47 of the Code of Civil Procedure (C. P. C.) by the petitioner.

(2.) There was Partition Suit no. 46 of 1961 between the petitioner and the opposite parties. A preliminary decree was passed in that suit. Subsequently, a final decree too was passed. The petitioner, it is undisputed, has challenged the final decree before this Court in appeal which is still pending.

(3.) After the passing of the final decree the opposite parties filed an execution case for delivery of possession according to the final decree. This Execution case was no. 14/24 of 1973/74. The petitioner sought to obtain stay of delivery of possession in the execution case from this Court but could not succeed. Ultimately, after getting a pleader commissioner nominated by the District Judge, the executing Court issued writ of delivery of possession to the pleader commissioner by order no. 77, dated 23rd June, 1975 of the executing court record. It is undisputed and is apparent also from the said order as also the writ of delivery of possession, that the delivery of possession was to be effected by 22nd July, 1975.