JUDGMENT :

D.P. Mohapatra, J. - This petition u/s 115, CPC is filed by one Mst. Bhanumati Toppo challenging the order of the Munsif, Sambalpur in Execution Case No. 1 of 1975 rejecting her application for stay of further proceedings of the said case till her right, title and interest in the disputed property is determined. The property in question is the house bearing holding No. 774 in ward No. 8 in Jharsuguda town.

2. Sankar Prasad Pandey (opposite party No. 1) initiated a proceeding under the Orissa House Rent Control Act, (H. R. C. Case No. 46 of 1972) for eviction of the tenant, Miss. P. Tigge (Opposite Party No. 2) from the suit house. The application did not succeed before the House Rent Controller, but in appeal (H. R. C. Appeal No. 2/74) the petition was accepted on 10.10.1974 and the tenant was directed to vacate the disputed premises and hand over vacant possession of the same to the landlord by the end of November, 1974. The tenant (Opposite Party No. 2) tried to assail the said order in a writ petition before this Court (O. J. C. No. 1179/74) but did not succeed. However, this Court while dismissing the writ petition allowed the tenant to remain in the house till 31.3.19