PAN KUER Vs. MANJU DEVI

JUDGEMENT

(1.) MR . Binod Kumar Singh, learned counsel appears on behalf of the Opposite Party No.1.

(2.) HEARD Mr. Ajay Kumar -1, learned counsel for the petitioner as well as learned counsel for the Opposite Party No.1. The petitioner is aggrieved by the order dated 6.12.2008, passed by the Munsif, Hilsa in Execution Case No. 17/2000, whereby the application dated 24.5.2008 filed by the defendant - petitioner for staying the execution proceedings has been dismissed.

(3.) LEARNED counsel for the petitioner draws the attention of this Court towards the order dated 21.5.2001 passed in Misc. Case No. 1/2000 arising out of Title Appeal No. 22/1993 (Annexure -1), filed against the judgment and decree pased in Title Suit No. 18/1988, whereby further proceedings in Execution Case No. 17/2000 were stayed by the appellate court. However, the appeal was dismissed long back. Even Misc. Case No. 1/2000, filed for restoration of the aforesaid Title Appeal also stood dismissed for default on 7.5.2008. He further submits that for restoration of the aforesaid restoration application, Misc. Case No. 1/2008 has been filed, thus, the court below should have given an opportunity to the defendant by staying the execution proceedings.