NAND LAL SHARMA Vs. RAJ KUMAR SHARMA

JUDGEMENT

(1.) Heard Mr. Ayush Aditya, learned counsel appearing for the petitioner and Mr. Prakash Chandra, learned counsel appearing for the respondents.

(2.) The petitioner has preferred this writ petition for quashing the order dated 04. 06. 2014 passed by the learned District Judge-III, Giridih in Title Appeal No. 1 of 2013 whereby and whereunder he has pleased to reject the petition dated 05.3.2013 filed under Order XLI Rule 5 of the Code of Civil Procedure, in which, a prayer was made for stay of further proceeding in Execution Case No. 5 of 2013.

(3.) Mr. Ayush Aditya, learned counsel appearing for the petitioner submits that the plaintiff has filed the suit for partition being Partition Suit No. 46 of 2004, which has been decreed up to the Hon'ble Supreme Court. After the said decree in Partition Suit No. 46 of 2004, final decree has been prepared. After that the preliminary decree has been confirmed, and final decree has been prepared in the year 2012. Against the said final decree, the title appeal has been filed by the defendant-petitioner which is numbered as Title Appeal No. 1 of 2013. He further submits that the title appeal has been preferred on several grounds as one of the ground with regard to the objection raised by the defendant-petitioner. He further submits that it is well settled that any objection in final decree can be decided in appeal and as such the title appeal is pending it was required by the court below to stay the execution proceeding.