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2026 Supreme(Online)(Pat) 3183

PATNA HIGH COURT
MR. KHATIM REZA, J
Abdul Gaffar Khan & Ors. – Appellant
Versus
Mahtab Alam Khan & Ors. – Respondent


Advocates:
For the Appellant/s: Mr. Bal Bhushan Choudhary, Adv.
For the Respondent/s: Mr. Md. Waliur Rahman, Adv., Mr. Noushad Khan, Adv.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

16 19-01-2026 Re: I.A. No. 01 of 2024 This interlocutory application has been filed for staying the further proceeding of Execution Case No. 01 of 2018 pending in the court of Sub-Judge-I, Pupri, Sitamarhi as well as delivery of possession of the property which is part and parcel of residential-cum-commercial premise of the appellant no. 3.

2. Learned counsel for the appellants submits that the sale deed has been executed in favour of the plaintiffs/decree holder with regard to the suit land on 13.02.2025 through process of the court and it is necessary to press this application for staying the further proceeding of delivery of possession with regard to the suit land. It is further submitted that vide order dated 30.07.2025, the present appeal has been admitted and is pending for final adjudication.

3. It is submitted that the suit property has been purchased by the appellants through two sale deeds i.e. Exhibit C and Exhibit C1. It is submitted that appellant nos. 1 and 2 have their separate residential accommodation in the vicinity which has been constructed by them out of their own income. It is further submitted that appellants

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