AMARNATH SAHA Vs. TALIB EQBAL

JUDGEMENT

(1.) This petition has been filed under Article 227 of the Constitution of India and the prayer in the petition has been made for quashing of the order dtd. 9/10/2023 and 17/10/2023 whereby stay of the Execution Case No.39 of 2012 was rejected.

(2.) It has been pointed out by the learned counsel for the O.P.No.1 that now the execution case has already been disposed of and delivery of possession has been provided to the plaintiff/ O.P.No.1. He further submits that the appeal is also pending with regard to the decree passed in favour of the plaintiff.

(3.) If the appeal against the main case is pending, all the grounds can be taken by the learned counsel for the petitioner in that appeal and it is open to the petitioner to take all the grounds in the appeal including the illegal delivery of possession as contended by the petitioner.