Patna High Court - Orders
S.M.Shamshul Zoha @ S.M. Shamsuzzoha & ... vs Kiran Devi Makharia & Ors on 6 September, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.258 of 2009
S.M.Shamshul Zoha @ S.M. Shamsuzzoha & Anr
Versus
Kiran Devi Makharia & Ors
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9. 06.09.2011I.A.No.5138 of 2011.
This interlocutory application has been filed on behalf of the appellant for stay of Execution Case No.05/09 pending before Munsif, Betiah, West Champaran.
Heard the learned counsel appearing on behalf of the appellant as well as the respondents.
Admittedly, this second appeal arises out of an eviction suit and the tenant is the appellant. The suit has been decreed by the trial court and the said decree of eviction has also been affirmed by the appellate court. This second appeal has been admitted for hearing by this Court on 10.08.2011.
As the matter arises out of an eviction proceeding and admittedly the appellant is residing in the suit premises and carrying his business there is sufficient cause for stay of the proceeding of the execution case. As such the further proceeding in Execution Case No.05/09 pending before Munsif, Bettiah, West Champaran shall remain stayed during the pendency of this appeal .The appellant has paid all the arrears of rent up-till-now as claimed by the respondent in the 2 Court itself by way of demand draft which has been accepted by the learned counsel appearing on behalf of the respondents as valid towards all the amount of arrears of rent. However the appellant is directed to continue to pay the current rent as agreed and further the appellant is directed to deposit special messenger cost for calling for the lower court records in order to enable this court for hearing and final disposal of this appeal on merits. The special messenger cost must be deposited by the appellant within a week, failing which this appeal shall be dismissed without further reference to the bench.
Put up this appeal under the heading 'to be mentioned' immediately after the receipt of the lower court records so that an early date of hearing may be fixed. The appellant will continue to deposit the current rent in the Executing Court below as above directed.
Nitesh (V.Nath, J.)