- (1.) HEARD the parties.
(2.) THIS application under Order 41 Rule 5 C.P.C. has been filed for stay of the further proceeding in Execution Case No. 1/1999, pending in the Court of Sub -Judge -II, Sahebganj. It appears that prior to admission of the appeal, an interim order of stay was allowed on 21.9.1999 subject to certain conditions. Subsequently, by order dated 5.11.2004, this appeal was admitted for hearing. Now, by filing this interlocutory application, it is stated that the interim order of stay, which was granted on 21.9.1999, has not yet been confirmed and, therefore, for the ends of justice, the interim order may be allowed to continue till final disposal of appeal, which has already been admitted.
(3.) THE learned counsel appearing for the respondents fairly submitted that since the appeal is of the year 1998 and it arises out of a suit of eviction and, therefore, an early date of hearing be fixed.;