SUSHIL KUMAR CHOUDHARY Vs. ARUN KUMAR SINGH

JUDGEMENT

(1.) I.A. No. 21290 of 2009 By this application prayer has been made by the appellant for restoration of possession of the suit premises wherefrom he was evicted in spite of the stay order passed by this Court.

(2.) The undisputed facts are that this appeal was admitted for hearing on 25.5.2009 after formulating substantial question of law. By the said order further proceeding in Execution Case No. 1 of 2008 pending in Court of Sub-Judge IV Koderma was stayed. In the meantime, the order for issuance of writ for delivery of possession was passed by the Court below on 25.5.2009 and the writ was sent to the Nazir, Civil Court, Koderma for execution. It is contended by the appellant that on 30.5.2009 both the parties informed the Executing Court about the stay order passed by this Court. The Court below after receiving the information about the stay order passed by this Court immediately passed an order on 30.5.2009 recalling the order of delivery of possession.

(3.) The appellant's case is that in spite of the order passed by the Court below, the Nazir, Civil Courts, Koderma affected the delivery of possession at 2.30 p.m. on 30.5.2009. The appellant thereafter filed an application in the Court below for restoring the possession of the suit premises which was delivered to the respondent in spite of the stay order passed by this Court and the recall order passed by the Court below. The application was finally heard on 3.6.2009 and accordingly order was passed. The relevant portion of the said order is quoted herein below :