MAHENDRA SINGH Vs. SANJAY JAISWAL

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder order dated 15.07.2019 passed in Execution Case No. 156 of 2016 has been assailed by which the Executing Court proceeded with the execution proceeding and the writ for delivery of possession has been issued.

(2.) It is the case of the petitioner that a suit has been filed for title and recovery of possession, in which, adjudication has been made against the petitioner, against which, the first appeal being F.A. No. 65 of 2016 has been filed, which was admitted for hearing vide order dated 15.02.2018. Meanwhile, the decree holder has filed a Execution Case No. 156 of 2016. The first appellate Court while admitting the appeal has passed an ad interim order by staying the further proceeding of Execution Case No. 156 of 2016 pending in the court of Civil Judge, Senior Division, II, Ranchi. The decree holder has filed a petition for proceeding further in the execution case on the ground of judgment rendered in the case of Asian Resurfacing of Road Agency Private Limited and Anr. Vs. Central Bureau of Investigation, 2018 16 SCC 299 and by allowing the petition directed to proceed further with the execution proceeding.

(3.) The case of the petitioner is that in spite of the objection raised by the judgment debtor, petitioner herein, about the order passed by the first appellate Court no consideration thereof has been made by the Executing Court.