IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14414 of 2011 Lallu Rai & Ors Versus Mostt.Bina Devi & Anr ---------------------------------- 9. 17.11.2011 Heard the learned counsels Mr. Siyaram Sahi appearing on behalf of the petitioners and Mr. Vishnudev Narain appearing on behalf of the respondents. By this application under Article 227 of the Constitution of India the petitioners have challenged the order dated 3.9.2007 passed by Fast Track Court – II, Patna in Title Appeal no. 114 of 2006, whereby the learned court below refused to stay the further proceedings of Execution Case No. 10 of 2002 pending in the court of Sub Judge – IV, Patna. It appears that partition suit was filed by the plaintiff respondent which was decreed preliminarily and thereafter final decree was passed. According to the final decree the respondents have filed the aforesaid execution case. The learned counsel for the petitioner submitted that house property is also involved in this execution case and, thereafter he may not be dispossessed during the pendency of the execution case. On the contrary, according to the learned counsel for the respondents no built up portion of the house has been allotted in their share. Whatever property has been allotted are parti lands and, therefore, there is no question of dispossessing the petitioner arises. Without going to the merits of the submissions of the parties it is hereby directed that the petitioner shall not be dispossessed from the residential house where he is residing during the pendency of the title appeal. So far delivery of possession of the other property is concerned, the execution case is not stayed and it is specifically directed that the executing court shall proceed to give the delivery of possession of the Parti lands allotted to the respondents. With the above observation, this application is disposed of. The interim order, if any, is vacated. S.S. (Mungeshwar Sahoo, J.)