MANJU KUMARI SHARMA Vs. BHUPENDRA NARAIN SINGH

JUDGEMENT

(1.) Respondent No 1 has filed the application under consideration under Section 151 of Code of Civil Procedure. (In short "C P C"; for vacatinq order of stay of delivery of possession passed by this Court on 02.04.1991.

(2.) The case of petitioner. who is respondent No 1. is that this Court. on a petition filed by the appellants for stay of execution of decree, passed orders staying the further proceeding of Execution Case No 4 of 1991 pending in the Court of Subordinate Judge IV, Chapra in relation to delivery of possess ion of the suit, house and appellants were directed to execute a bond of Rs. 3.000/- with one surety undertaking thereby to vacate the property in suit within one month if the appeal is dismissed and in default to Day a sum of Rs. 3.000/- to decree holder with a further undertaking that they would not change the status quo of the property in their possession failing which the aforesaid amount shall be forfeited.

(3.) The case of petitioner is that after passing of this order, the appellants have sold the suit house by executing sale deed dated 21.10.2002 in favour of Ramesh Prasad Yadav and Sri Ram Tiwary and out the purchasers in possession of the suit house and in this way they have violated the stay order dated 02.04.1991. Prayer has bean made for vacating this stay order.