MD. RAUSHAN Vs. TANWEER ALAM

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Misc. Application has been filed under Article 227 of the Constitution of India against the order dtd. 30/1/2018 passed by Learned Execution Munsif, Gaya in Execution case No. 10 of 2005 whereby and whereunder the petition dtd. 24/1/2018 of the petitioner / objector to stay the proceeding of execution case till the disposal of title suit bearing No. 3 of 2018 was rejected.

(3.) Respondent No. 01 (Decree-holder) had filed a Eviction Suit No. 02 of 2004 (1 of 2000) in the Court of Munsif-1st, Gaya for eviction of Scheduled property and after hearing both parties, the suit has been decreed in favour of the Respondent No. 1/ Decree-holder on 13/4/2005. The Respondent No.1 as Decree holder filed the Execution Case No. 10 of 2005 against Respondent Nos. 2 and 3 (Judgment Debtors) for delivery of vacant possession over the tenanted portion (5 rooms pucca house occupied by Judgment Debtors) of the suit property in which delivery of possession has been issued.