CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

45 29-01-2026 Interlocutory Application No.3706 of 2019 Heard Mr. Raghib Ahsan, learned senior counsel assisted by Mr. Raj Nandan Prasad, learned counsel for the appellants and Mr. Shabbir Ahmad, learned counsel for the respondents.

2. This interlocutory application has been filed by the appellants under Order XLI Rule 5 of the Code of Civil Procedure for staying the further proceedings of Execution Case No.01 of 2008 pending in the Court of the Sub-Judge-III, Darbhanga.

3. This appeal was admitted for hearing on

16.09.2008. On 04.01.2010, while issuing notice to the respondent no.1 in I.A. No.3706 of 2009, further proceedings of Execution Case No.01 of 2008 was stayed. It appears that during pendency of this appeal, I.A. No.3706 of 2009 was dismissed for non-prosecution on 01.03.2011, which was restored by order dated 09.11.2017 passed in MJC No.1713 of 2016. Thereafter, vide order dated 02.09.2025, further proceedings of Execution Case No.01 of 2008 pending in the Curt of Sub-Judge-III, Darbhanga, was again stayed till further orders. Now, the interlocutory application has come for final order in the stay matter.

4. Learned senio