PRAHLAD AGRAWALA Vs. RAM SWAMP AGRAWALA

JUDGEMENT

(1.) In this application the petitioner has questioned the propriety of the order dated 12/5/1983 (the date not mentioned in the order) whereby and whereunder the learned Munsif, Bermo has directed stay of the further proceedings of Execution Case No. 3 of 1983 pending in his court.

(2.) The facts of the case lie in a very narrow compass ; The petitioner filed a suit in the aforementioned court for eviction of opposite party Nos. 2 and 3 being Title Suit No. 299 of 1970. In the said suit opposite party No. 1 filed an application for intervention which was dismissed. The aforementioned title suit was decreed against opposite parties Nos. 2 and 3. Thereafter the opposite party No. 1 filed a suit being Title Suit No. 77 of 1971 in the Court of the Munsif, Bermo against the present petitioner and the opposite party Nos. 2 and 3 for declaration of his right, title, interest and possession over the suit premises. The said Title Suit No. 77 of 1971 was decreed and' an appeal has been preferred therefrom by the petitioner numbered as Title Appeal No. 5 of i976 which is pending disposal in the court of the District Judge, Giridih. However, the opposite party No. 1 filed anot her suit bearing Title Suit No. 12 of 1983 in the Court of the Munsif, Bermo against the petitioner and the opposite party Nos. 2 and 3 as also against one Santi Ram Rai. Having filed the aforementioned suit, the opposite party No. 1 filed an application for stay of the proceedings of Execution Case No. 3 of 1983 levied by the petitioner for executing the decree passed in his favour in Title Suit No. 299 of 1970.

(3.) By reason of the impugned order the court below is purported to have held that in order to prevent misuse of the process of court stay of the proceedings of the aforementioned execution case till the disposal of Title Suit No. 12 of 1983, is necessary.