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2022 Supreme(Pat) 588

PARTHA SARTHY
Bharti Dalmiya – Appellant
Versus
Raghvendra Kumar Daruka – Respondent


Advocates:
For the Appellant : M/s Jitendra Kishore Verma, Abhishek Anand.
For the Respondents: M/s S.A Narain, Sr. Adv., Nandlal Kumar Singh.

ORDER

Re. I.A. no. 1 of 2022 and I.A no. 3 of 2022

Heard learned counsel for the appellant and learned senior counsel for the respondents.

2. I.A. no. 1 of 2022 has been filed on behalf of the appellant praying for staying further proceedings of Execution Case no. 5 of 2020 and/or to stay the dispossession of the appellant in Execution Case no. 5 of 2020 pending in the Court of learned Sub-Judge I, Aurangabad. I.A. no. 3 of 2022 has been filed on behalf of respondent nos. 1, 2 and 12 praying that the stay granted of the proceeding of Execution Case no. 5 of 2020 by order dated 21.7.2022 passed in I.A. no. 1 of 2022, be vacated.

3. It is submitted by learned counsel appearing for the appellant that while against the preliminary decree dated 30.7.2018 passed in Partition Suit no. 180 of 2010 by the learned Sub-Judge II, Aurangabad, F.A. no. 127 of 2018 has been preferred, the instant appeal has been preferred against the final decree dated 16.10.2019 passed in Partition Suit no. 180 of 2010 by the learned Sub-Judge I, Civil Court, Aurangabad.

4. On merits it is submitted by learned counsel for the appellant that the appellant was appearing in the learned Court below till 4.9.2018. By orde

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