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2023 DIGILAW 1196 (PAT)

Uday Narayan Singh v. Most. Sheela Devi

2023-10-31

KHATIM REZA

body2023
ORDER Heard the learned counsel for the parties. Re: I.A. No. 02 of 2023 2. This interlocutory application has been filed under Order 41, Rule 5 of the Code of Civil Procedure for staying the further proceeding of Execution Case No. 07 of 2022 pending in the court of learned Civil Judge, Senior Division, Kahalgaon, Bhagalpur till the pendency of the instant appeal. 3. The instant first appeal arises out of suit for specific performance of contract which was decreed in favour of plaintiff/respondent 1st set. 4. It is admitted fact that till date, sale deed has not been registered. The plaintiff filed Execution Case No. 7 of 2022 for execution of sale deed through process of court and also for delivery of possession of the land mentioned in the decree. 5. There is no substantial loss to the appellant by execution of the sale deed till delivery of possession is effected. Right would accrue only at the time of delivery of possession of the suit land. The appellant if desires to file stay of further proceeding of execution of decree, when the delivery of possession has to be effected. 6. The appellant, is so advised, may file application for stay of delivery of possession at appropriate time. 7. Accordingly, this interlocutory application is dismissed with the aforesaid observations.