RAM RATAN SINGH Vs. RAM BALAK SINGH

JUDGEMENT

(1.) Heard Mr. Jai Prakash Singh, learned advocate appearing for the petitioners.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioners for quashing the order dated 04.04.2018 passed by the learned Sub-Judge-VII, Begusarai in Execution Case No. 03 of 2009 whereby he has rejected the petition dated 05.12.2017 filed by the petitioners under Order XXI, Rules 97 and 99 and Section 151 of the Code of Civil Procedure (for short 'CPC') for stay of the proceedings of Execution Case No. 03 of 2009 till disposal of Title Suit No. 22 of 2011 pending before the learned Sub-Judge-I, Begusarai for declaration of judgment and decree passed in Title Suit No. 42 of 1961 as void, illegal and not binding on the petitioners.

(3.) Learned counsel appearing for the petitioners submitted that the trial court has failed to appreciate the ambit and scope of Order XXI, Rule 97 of the CPC. It has rejected the application filed by the petitioners vide impugned order dated 04.04.2018 without considering the facts and circumstances of the case. According to him, if the order impugned is allowed to be sustained, the same would cause great prejudice and irreparable loss to the petitioners.