ORDER

Interlocutory Application No. 01 of 2021:

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. 34 of 2020 pending before the Court of learned Sub Judge, 14th, Patna. A supplementary affidavit has also been filed for clarifying the defect as pointed out by the stamp report dated 25.02.2023 with regard to defect no. 25, 26 & 27.

2. Learned counsel for the appellants fairly submits that during the pendency of the instant appeal, delivery of possession was taken by respondents through process of the Court. The Learned Counsel for the appellants further submits that after taking possession, existing building was demolished although part of the said building still exist which has been mentioned in the supplementary affidavit. In the aforesaid facts and circumstances, the Execution Case no. 34 of 2020 has been concluded by giving possession to the decree holder. The said interlocutory application is deemed to be infructuous.

Interlocutory Application No. 02 of 2022:

3. This interlocutory application has been filed on 26.02.2022 under Order 39 Rule 1 and 2 read with Section 151 of the Co