Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the petitioner and the Respondent.
(2.) The matter was taken up earlier on the first occasion on 5.10.2016 when the following order was passed:- Learned counsel for the petitioner submits that without addressing itself to the petition under Order 21, Rule 26 CPC filed by the petitioner/judgment debtor (Annexure-2) as would be evident from the order dated 21st September 2016 and 27th September 2016, the learned Executing Court has directed execution of delivery of possession on 5th October, 2016 i.e. today. It is submitted that the earlier order dated 13th July 2012 directing delivery of possession could not be acted upon. Petitioner's appeal against the judgment and decree dated 29th June, 2011 passed by learned Sub-Judge, Bokaro being Title Appeal No.13/2007 was unfortunately dismissed for default on account of illness of the counsel for the appellant-petitioner who also subsequently died. Misc. Case No.01/2014 seeking restoration thereof was also dismissed for default due to inadvertence and oversight of the newly engaged lawyer. Petitioner would be ousted from the suit premises without any decision by the executing court on his petition under Order 21, Rule 26 filed on 15th September, 2016, if no stay is granted. Counsel for the petitioner submits that due to the exigency caused in view of the order dated 27th September 2016, other material documents could not be brought on record. He, however, undertakes to bring it on record by way of a supplementary affidavit to be filed within two weeks. List the case accordingly on 17th October, 2016 before the appropriate Bench. In the meantime, status-quo as on today in respect of the suit property under execution in Execution Case No.01/2012 pending in the court of learned Civil Judge (Senior Division)-II, Bokaro, so far as it concerns the petitioner, shall be maintained. Issue notice on the sole respondent under registered cover as well as through ordinary process for which requisites be filed by tomorrow, failing which this petition, as against the sole respondent, shall stand rejected without further reference to a Bench. Petitioner may also effect personal service of notice on the sole respondent within a period of two weeks and file a supplementary affidavit on 17th October 2016 .
(3.) After service of notice the sole Respondent has appeared and filed counter-affidavit.;