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2019 Supreme(Pat) 606

STATE OF BIHAR
Vidyawati Devi @ Vidyawati Singh – Appellant
Versus
Raju Singh @ Raju Kumar Singh – Respondent


Advocates Appeared:
Jitendra Kishore Verma, Adv., Vijay Kumar, Adv.

JUDGMENT :

Sanjay Priya, J.

Re. Interlocutory application no. 2 of 2019 ( kept at Flag-'B')

2. Heard Mr. Jitendra Kishore, learned counsel for appellant-defendant and Mr. Vijay Kumar, learned counsel for plaintiff- respondent. Both parties have appeared and advanced arguments in support of their case.

3. The counsel for appellant has made prayer in the instant Interlocutory application for staying the further proceedings of Execution case no. 3 of 2014, pending in the Court of Sub-Judge-II, Patna City till disposal of the First Appeal.

4. It has been submitted that appellant is in possession and residing in the suit property/house with the member of her family. The appellant is exclusively using the entire suit property/premises for her residence and earning her livelihood through rent and the suit premises exclusively belongs to her. In the event of delivery of possession the appellant and her family members who are residing in the said residential premises will suffer irreparable loss as they do not have any alternative residential accommodation. It is apparent from perusal of the ex-parte judgment that the suit property is in exclusive use of appellant and there is no access of the p

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