ORAL JUDGMENT

Date : 06-02-2025

Present learned counsel for the petitioner. However, there is no representation on behalf of the respondents, although the respondents appeared through Vakalatnama and attended the proceedings on previous dates.

02. The instant petition has been filed on behalf of the petitioner for setting aside the order dated 19.09.2023 passed by the learned Munsif-I, Sasaram, Rohtas in Execution Case No. 05 of 2005 whereby and whereunder the learned executing court refused to proceed with the execution case and recorded its opinion that stay granted by the High Court in Second Appeal No. 315 of 2008 was still continuing and directed the office to seek guidelines from this Court over the continuation of stay.

03. Learned counsel for the petitioner submits that father of the petitioner filed Eviction Suit No. 03 of 1997 against the respondents-1st set. The suit was decided in favour of the plaintiff in terms of judgment and decree dated 14.12.2001 and 22.12.2001, respectively. The respondents-1st set filed Title Appeal No. 06 of 2002 against the aforesaid judgment and decree of the learned trial court but the title appeal was dismissed and findings of the learned trial