SHEIKH MAHFUZ ALAM Vs. SHEIKH NAZAUL

JUDGEMENT

(1.) Heard learned counsel Mr. Surendra Kishore Thakur for the petitioners and learned counsel Mr. Khatim Reza for the plaintiff-decree holder-respondent on the Interlocutory Application No.1834 of 2014.

(2.) It appears that at the time of issuance of notice in admission matter to the respondents on 17.01.2014, the further proceeding in Execution Case No.04 of 2011 pending in the court of Subordinate Judge-III, Bettiah was stayed.

(3.) The learned counsel Mr. Khatim Reza for the respondent (plaintiff-decree holder) submitted that the petitioners herein are claiming title on the basis of purchase of an area measuring 6 katha 17 dhoor only and, therefore, the delivery of possession with respect to the other properties to which the petitioners are not claiming could not have been stayed because in the share of the plaintiff-decree holder 1 bigha 7 katha 41/2 dhoor has been allotted, including the property claimed by the petitioners to have purchased the same.