IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.779 of 2007 DHRUB NARAIN SINGH Versus SITA DEVI & ANR ----------- 2. 27.11.2008 Heard counsel for the petitioner and the counsel for the opposite party. In the opinion of this Court while the impugned order is perfectly justified and the court below has not committed any jurisdictional error in not staying the proceeding of the execution case as with regard to execution of a decree in a partition suit, all that was still required to be looked into is as to whether the claim of the petitioner, the appellant in the court below, to the extent that the suit property apart from the agricultural land had also consisted of residential house in plot nos. 609 and 610 measuring 2 katha 10 ½ dhur was correct or not. The report of the Pleader Commissioner would show that there is a pucca house and dalan over this piece of land of 2 katha 10 ½ dhur in plot nos. 609 and 610 and therefore, if the petitioner claims that he is residing in the said house, execution proceedings at least with regard to that house should have been 2 stayed. Counsel for the opposite party, however, is quite emphatic that the decree as a whole has already been executed. This position, however, is controverted by the counsel for the petitioner. This Court would, therefore, dispose of this civil revision application with a direction that in the event the decree has not yet been executed and delivery of possession has not yet been effected, the petitioner’s possession over the residential house in plot nos. 609 and 610 shall not be disturbed till final disposal of the appeal i.e. T.A.No. 18/2006. With the aforementioned modification in the impugned order this civil revision application is dismissed. (Mihir Kumar Jha,J.) Surendra/