ASLAM QURAISHI Vs. MD. GEYASUDDIN KURAISHI

JUDGEMENT

(1.) Heard Mr. Mahendra Prasad Bhartee, learned counsel for the petitioner and Mr. Tilak Sao, learned counsel for the Respondents.

(2.) The petitioner is aggrieved by the impugned order dtd. 15/11/2019 passed in Execution Case No. 17/2016 by the learned Sub Judge-VI, Danapur, by which the petition filed by the petitioner dtd. 27/8/2019 regarding stay of the proceeding of Execution Case No.17/2016 has been dismissed.

(3.) The petitioner claims to be the owner of the suit property being the heir of Abdul Mazid Khan. According to the learned counsel for the petitioner, before the death of Abdul Majid Khan, he had given Hibba in favour of the petitioner on 25/7/1999 and the petitioner is in continuous possession of the suit land since 1999. One of the heirs of Abdul Mazid Khan sold the suit property by way of a sale deed in favour of the Respondent No. 1, i.e. Md. Geyasuddin Kuraishi who filed Eviction Title Suit No. 5/2014 against the Respondent No. 2 (Tenant) which was decreed ex-parte and on the basis of ex-parte decree, an Execution Case No. 17/2016 has been filed by the purchaser (Respondent No. 1).