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6. The learned senior counsel appearing on behalf of the appellants has submitted that the appellants filed Eviction Suit No. 2 of 2004 for decree of eviction in respect of suit premises and also for decree for Rs.36,000/- with interest thereon being rent from March 2001 to February 2004 @ Rs.1,000/-per month besides other reliefs. The learned trial court after hearing the parties and considering the materials on record decreed the suit of the plaintiffs-appellants herein vide judgment and decree dated 22.09.2015 directing the defendant-respondent herein to vacate the suit premises positively within 60 days from the date of order. Being aggrieved with the aforesaid judgment Patna High Court SA No.449 of 2017(17) dt.17-07-2023 and decree dated 22.09.2015, the defendant-respondent preferred Title Appeal No. 40 of 2016, which was decided in favour of defendant-respondent vide judgment and decree dated 14.07.2017. Being aggrieved with the judgment and decree dated 14.07.2017, the plaintiff-appellants preferred the instant second appeal. The learned senior counsel further submitted that the defendant-respondent in order to harass the plaintiffs- appellants filed Misc. Case No. 10 of 2018 for restoration of possession of the suit premises and for a direction to the plaintiffs-appellants to pay Rs. 5 lacs by way of compensation for demolishing the outstanding structure and further submitted that when the suit was decreed under the provisions of Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to 'BBC Act'), as such, the aforesaid misc. case was not maintainable. The learned senior counsel further submitted that the appellants filed a petition in Misc. Case No.10/2018 to stay the further proceedings in Misc. Case No.10/2018 till disposal of S.A.No.449/2017 which was rejected on 12.07.2019 against which appellants filed Civil Misc. No.1214/2019 before this Court, which was dismissed vide order dated 03.03.2022 as not maintainable. Meanwhile, the learned Sub-Judge-XII vide order dated 07.04.2022 partly Patna High Court SA No.449 of 2017(17) dt.17-07-2023 allowed the Misc. Case No. 10 of 2018 and its operative part reads as under :-