ORDER :

Re. Interlocutory Application no. 01 of 2019 (Kept at Flag-A) Heard Mr. Radha Mohan Pandey learned counsel for appellant and Mr. J.S. Arora learned senior counsel for respondents.

2. The instant interlocutory application under Order 41, Rule 5 read with Section 151 of CPC has been filed by appellant making prayer to stay the operation of judgment and decree dated 27.04.2018, passed by Subordinate Judge-4, Patna, in Title Suit No. 176 of 2008.

3. It has been submitted that plaintiff-respondent 1st set instituted Title Suit No. 176 of 2008 seeking relief of specific performance of unregistered agreement for sale dated 25.01.2008 with assertion that they have paid an amount of Rs. Patna High Court FA No.83 of 2018(7) dt.24-07-2019 2/20 10 lacs against total consideration amount of Rs. 25 lacs. The alleged unregistered agreement for sale dated 25.01.2008 has been executed by Kusum Kumari, the original vendor (now deceased) in favour of plaintiff after receiving an amount of Rs. 10 lacs in advance.

4. The plaintiff and defendant entered into an agreement dated 25.01.2008 which was duly signed by plaintiff and defendant no.1 (now deceased) and witnessed by Deepak Kumar Sinha and S