RAMAUJ PANDEY Vs. URMILA PANDEY & ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and respondent nos. 1, 2 and 7 to 10, who are the contesting respondents.

(2.) Petitioner approached this Court being aggrieved by order dated 28.09.2015 passed in Execution Case No. 07-158/2012 pending in the Court of learned Civil Judge, (Sr. Division)-VI, Jamshedpur wherein its application under Order 21, Rule 26 for stay of the execution was rejected.

(3.) Petitioner contends that Miscellaneous Case No. 21 of 2013 preferred under Order 9, Rule 13 was pending before the Court of learned Civil Judge, (Sr. Division)-I, Jamshedpur. On 01.08.2016, upon consideration of the case of the petitioner, notices were issued upon the respondent nos. 1 to 10 under registered covered with A/D as well as through ordinary process as well. However, in the meantime further proceedings in Execution Case no. 07-158/2012 were stayed. The matter was thereafter taken up on 02.02.2017 on I.A. No. 5306 of 2016 seeking vacation of stay and thereafter on 09.02.2017, following order was recorded:-