Prabhu Dayal Agrawal vs Gopal & Others
2023 Latest Caselaw 761 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             S.A. No. 380 of 2004
            Prabhu Dayal Agrawal                                   ... Appellant
                                         -Versus-
            Gopal & others                                         ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant : Mr. Manjul Prasad, Sr. Advocate Mr. Suraj Singh, Advocate For the Respondents : Mr. Jitendra Nath Upadhyay, Advocate

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13/13.02.2023 I.A. No.917 of 2023 has been filed for stay of further proceedings in

Execution Case No.42/1994 pending in the court of the learned Civil Judge

(Senior Division)-III, Jamshedpur.

Mr. Manjul Prasad, learned senior counsel for the appellant submits

that further proceedings in Execution Case No.42 of 1994 pending before

the learned Sub Judge-V, Jamshedpur was kept in abeyance in I.A. No.925

of 2006 vide order dated 05.05.2006/13.07.2006. He further submits that in

view of the judgment passed by the Hon'ble Supreme Court in Asian

Resurfacing Road Agency v. CBI; AIR 2018 SC 2039 , the interim

order passed by this Court was vacated. He submits that final date may

kindly be fixed for disposal of this second appeal and till then, the further

proceedings in Execution Case No.42 of 1994 may kindly be stayed.

Mr. Jitendra Nath Upadhyay, learned counsel for the respondents

submits that this appeal is of the year 2004 and an early date may kindly be

fixed for disposal of this second appeal.

In view of the above submissions of the learned counsel for the

parties, let this matter appear on 27.02.2023.

Till the next date, further proceedings in Execution Case No.42/1994

pending in the court of the learned Civil Judge (Senior Division)-III,

Jamshedpur shall remain stayed.

Accordingly, I.A. No.917 of 2023 stands disposed of.

Since the order has been passed in I.A. No.917 of 2023, I.A. No.5725

of 2022 has become infructuous.

Accordingly, I.A. No.5725 of 2022 stands dismissed as infructuous.

(Sanjay Kumar Dwivedi, J.) Ajay/