MD. SALAHUDDIN ANSARI Vs. MD. JALALUDDIN ANSARI

JUDGEMENT

(1.) THE petitioner, by way of filing the present writ petition under Article 227 of the Constitution of India, has prayed for quashing and setting aside the order dated 4.7.2013 passed by the learned District Judge -IV Dhanbad, in Title Appeal No. 149/2012, whereby, the petition dated 4.5.2013 filed by the petitioner/defendant under Order XLI, Rule 5 CPC for stay of the execution proceeding in Execution Case No. 2/13 has been rejected. Heard the learned counsel for the petitioner and perused the impugned order as well as material placed on record.

(2.) IT appears from the record that Title Appeal No. 149/2012 preferred by the petitioner, being aggrieved and dissatisfied by the judgment and order passed in Title Eviction Suit No. 9/2010 is pending before the learned District Judge -IV, Dhanbad. In view of order dated 4.7.13 passed by the learned District Judge, Dhanbad, it also appears that the appellant (petitioner) is not arguing the application filed under Order XLI Rule 5 of C.P.C. and, therefore, the appellant is required to be directed to conclude his argument so that the said application can be disposed of expeditiously.

(3.) IN view of the above premises, the learned counsel for the petitioner as well as respondent appearing before the learned lower appellate court shall conclude their arguments in respect of application filed under Order XLI Rule 5 of C.P.C. within 30 days, on dates that may be fixed by the learned court below, from the date of receipt of a copy of this order. Thereafter, the court below shall make endeavour to dispose of the said application within a period of one month thereafter.