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2025 Supreme(Online)(Pat) 358

PATNA HIGH COURT
Prashant Kumar Ray – Appellant
Versus
Ajay Kumar Kedia @ Ajay Kumar – Respondent


ORAL JUDGMENT

Date : 21-03-2025 Present learned counsel for the petitioner as well as learned counsel appearing on behalf of respondent nos. 4 to 7.

2. Learned counsel appearing on behalf of respondent nos. 4 to 7 seeks time for filing counter affidavit.

3. However, from perusal of record, I do not find any need to allow the prayer of the learned counsel for the respondents for the reason that the issue in the present case is quite simple and hence, I intend to dispose of the petition at the stage of admission itself.

4. The petitioner has approached this Court seeking direction to learned Sub-Judge XIth, Gopalganj to dispose of the petition dated 26.09.2020 filed by the petitioner in Execution Case No. 261 of 2016.

5. Learned counsel for the petitioner submits that the petition was filed for recalling the order dated 23.06.2018 by which the proceeding for delivery of possession was stayed at the instance of respondent 2nd set. Learned counsel further submits that in Title Suit No. 153 of 2016, the petitioner, who was the plaintiff, filed Execution Case No. 261 of 2016 for execution of the decree. At the prayer of the petitioner, executing court directed the office vide order dated 20.

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