MUNDRIKA RAM Vs. MAHESHWAR PRASAD SINGH AND ORS.

JUDGEMENT

(1.) Heard Mr. Ajay Kumar, learned counsel for the petitioner.

(2.) In the instant application preferred under Article 227 of the Constitution of India, the petitioner has prayed for quashing the order dated 04.10.2018 passed by the learned Sub-Judge, Sonepur in Execution Case No.01 of 2016 whereby the petition dated 22.06.2018 filed by the petitioner to stay further proceeding in the execution case has been declined.

(3.) Learned counsel appearing for the petitioner submitted that the learned Sub-Judge, Sonepur while passing the impugned order has grossly erred by declining to stay the further proceeding of the execution case more particularly when admittedly the suit land is a residential house. He submitted that against the judgment and decree which has been passed by the appellate court on 15.01.2018, Second Appeal No.202 of 2018 has already been filed before this Court, which is pending adjudication. He submitted that once the appeal has been filed and is pending before this Court, it was incumbent upon the executing court to stay the further proceedings in the execution case. He pleaded that the executing court has completely overlooked the provisions prescribed under Order 21, Rule 26 of the Code of Civil Procedure (for short 'CPC').