JUDGMENT (ORAL)

The present application has been filed for quashing the order dated 10.06.2013 passed by the Sub-Judge-I, Munger in Eviction Execution Case No. 08 of 2010, by which the petition dated 22.03.2013 filed by the petitioner under Order XXI Rule 29 of the Civil Procedure Code for staying the proceeding of execution case has been dismissed.

2. The facts of this case are that the respondent had filed Eviction Suit No.03 of 1995 against the present petitioner for a decree of eviction from the suit premises mentioned in Schedule-II of the plaint and also to hand-over the possession of the said suit premises to the respondent. In the plaint, the plaintiff stated that he is the owner of the suit premises and the defendant is the tenant in the suit premises on monthly rent of Rs. 300/- on a fixed term. The aforesaid suit was decreed on contest in favour of the respondent-plaintiff vide judgment dated 15.06.2006 and decree dated 22.06.2006 with a direction to the defendant to vacate the suit premises within a month failing which the plaintiff shall be at liberty to get the premises vacated and delivery of possession over the same through the process of the Court. The defendant was