- (1.) Mr. R. N. Sahay, learned counsel, appearing for the petitioner, submitted that prayer for stay of execution proceeding in Execution Case No. 7 of 2008 by the impugned order has been rejected and thereby the appeal might become infructuous, if the petitioner is evicted.
(2.) On the other hand, Mr. Tiwari, counsel for the respondents, submitted that the appeal is ready for hearing and in fact it is fixed for hearing, but the petitioner is not taking part in hearing.
(3.) Mr. Sahay, submitted that a time may be fixed for disposal of the appeal and the petitioner will fully cooperate in early disposal of the appeal.;