CHANDRA MOHAN PRASAD Vs. GYANDEO SHARMA

JUDGEMENT

(1.) THIS is an application filed by the appellant under Order XLI Rule 5 C.P.C. for stay of the proceeding of Execution Case No, 5 of 2005 arising out of the impugned judgment and decree pending in the court of Sub Judge II, Patna.

(2.) THE respondent has appeared and has filed his reply opposing the prayer.

(3.) LEARNED counsel for the appellant submitted that the decree under appeal is based on erroneous finding by the trial court which is liable to be set aside and he has every chance to succeed in the appeal. The suit has been filed by the respondent for his eviction from the suit premises. Thus, if the stay is not allowed he would be evicted and he would cause irreparable loss and the (sic - it?)appeal would become infructuous.