MUKTI NATH PRASAD Vs. SUSHMA DEVI AND OTHERS

JUDGEMENT

(1.) The petitioner is decree holder in Execution Case No. 7 of 2010 pending before Munsif-I, Chhapra. He has filed this application for setting aside the order dated 6th June 2013 passed by learned court below whereby and whereunder the proceeding of execution was stayed till the disposal of Miscellaneous Case No. 9 of 2011.

(2.) Heard learned counsels for the petitioner and the respondents.

(3.) The petitioner filed Execution Case No. 7 of 2010 for getting delivery of possession over the suit property on the basis of eviction decree passed in his favour in Eviction Suit No. 207 of 1992. The respondents filed a Miscellaneous Case No. 9 of 2011 for setting the said decree under the provision of Order IX Rule 13 of Code of Civil Procedure and the court below stayed the further proceeding of execution case till the disposal of case filed under Order IX Rule 13 CPC.