RAJESH KUMAR Vs. SANJAY KUMAR AGRAWAL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner is the judgment-debtor in Title (Eviction) Suit no. 2/2009. He has approached this Court for setting aside of the order dated 2nd September, 2015 passed in Execution Case no. 22/2014 by learned Civil Judge, Sr. Division (V), where under writ of delivery of possession has been issued. Petitioner has in the averments made in the writ petition stated that he has appeared on notice in Execution Case no. 22/2014 executed by decree-holder respondent herein. He has filed his show cause under Order XXI Rule 23 of Code of Civil Procedure. Petitioner claims to have made a petition for stay of execution case before Appellate Court of learned District Judge No. 16, Dhanbad under Order XLI Rule 5 of Code of Civil Procedure of which Annexure: 3/1 has been annexed.

(3.) Apart from taking other pleas, the respondents have taken objection to the plea of the petitioner that he had preferred an application for stay of the execution before Appellate Court which was not decided by the Appellate Court till issuance of the delivery of possession. Counsel for the respondents by referring to the order-sheet of the Appellate Court submits that no such petition instituted is reflected from the order-sheet nor has it any time been moved on the part of the petitioner.