Research › Search › Judgment

Patna High Court · body

2006 DIGILAW 437 (PAT)

Ram Ekbal Sah v. Vimal Kr. Singh

2006-05-08

NAVANITI PRASAD SINGH

body2006
ORDER : The present application is directed against the ORDER :dated 25.5.2005 passed by learned VIth Additional District Judge, Saran in Title Appeal No. 13 of 2004. By the impugned ORDER :the stay of execution of JUDGMENT : and decree pending appeal has been refused. 2. The facts are very short and arc not in dispute. The plaintiffs alleging that they had right, title and interest in the property in dispute flied a suit as against the defendants-appellants on being dispossessed. The suit was for confirmation of their title and restoration of possession. Thus it was admitted by the plaintiffs that the defendants were in possession when the suit was filed. The suit on contest was decreed. The plaintiffs' title was declared and decree was passed. Against the said JUDGMENT : and decree the present Title appeal No. 13 of 2004 has been filed, which has been admitted and is pending. When steps for execution were taken the application for stay was filed before• the appellate court. The appellate court even though noticed that the appellants were in possession from prior to the institution of the suit till date rejected the prayer for interim stay merely on the ground that by granting of stay illegal occupation would be legalised. I am afraid this is wholly wrong and impermissible consideration. Whether their possession is legal or not is a matter which is subjudice in appeal. If what the learned appellate court has said is correct then it became the executing court ignoring that the appeal is pending. 3. Accordingly I set aside the ORDER :dated 25.5.2005 passed by learned VIth Additional District Judge, Saran in Title Appeal No. 13 of 2004 and ORDER :that further proceeding in execution proceeding shall remain stayed during the pendency of the appeal, lest appeal became infructuous. 4. However, as the proceeding from a title suit is of the year 1988 and virtually 20 years have gone by, it is expedient that the present title appeal itself be disposed of within a period of six months from the date of receipt of a copy of this ORDER :.