MANOJ KUMAR MISHRA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) I have heard the learned counsel, Mr. Binod Kumar Singh on behalf of the petitioner and Ms. Kumari Amrita, G.P.3 on behalf of State of Bihar.

(2.) This application under Art. 227 of the Constitution of India has been filed by the petitioner for setting aside the order dated 04.09.2015 passed by learned Sub Judge VII, Vaishali at Hajipur in Execution Case No.6 of 2011 whereby the petitioner was directed to purchase the stamp papers and deposit the fees as reported by Sub Registrar, Vaishali at Hajipur by his letter No.532 dated 24.06.2015.

(3.) It appears that the plaintiff-petitioner-decree holder filed Title Suit No.592 of 2004 for specific performance of contract dated 26.12.2003 executed by the judgment debtor. The suit was decreed. Thereafter, execution case was filed by the present decree holder for execution and registration of sale deed by the judgment debtor. The judgment debtor failed to execute and register the sale deed. A stay application was filed by the judgment debtor praying for stay of execution case in First Appeal No.162 of 2011. This Court only stayed the delivery of possession but did not stay the execution and registration of the sale deed. The Court below thereafter called for a report from the Sub Registrar regarding the stamp duty and registration fees etc. which the plaintiff-petitioner is required to deposit for registration of the sale deed. By the letter No.532 dated 24.06.2015, the Sub Registrar informed the Executing Court about the registration and court fee chargeable with other charges. On the basis of this report, the Court below directed the petitioner to deposit the fees and to purchase the stamp.