IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19091 of 2011 Rajak Mian Versus Md.Abdullah ---------------------------------- 7. 19.12.2011 Heard the learned counsel Mr. Kritu Varma appearing on behalf of the petitioner and learned counsel Mr. Ratan Kumar Sinha appearing on behalf of the respondent. The petitioner has filed this application under Article 227 of the Constitution of India against the order dated 28.7.2011 passed by Munsif, Bagaha West Champaran in Execution Case No. 5 of 1986 rejecting the application filed by the petitioner for stay of further proceeding in Execution Case during the pendency of the Partition Suit No. 25 of 2010 pending in the court of Sub Judge-I. Admittedly, the petitioner is not party to the execution case nor he was party in the suit or the appeal arising out of the suit. By the impugned order the learned court below considering the facts of the case and the grounds raised by the petitioner came to the conclusion that on 20th July 2007 the delivery of possession of the suit property has already been delivered in favour of the decree holders and, therefore, there is no question of possession of the petitioner arises. The learned court below has also found that the brothers of the present 2 petitioner have given in writing before the court that they have got no connection or right, title with respect to the suit property. The learned court below then came to the conclusion that the petitioner has got no relation at all with the subject matter of the execution case. Considering the above facts and circumstances of the case and the finding recorded by the court below, in my opinion, in supervisory jurisdiction under Article 227 of the Constitution of India this Court cannot interfere with the impugned order as it is neither illegal nor suffers from the jurisdictional error. Thus, this writ application is dismissed. S.S. (Mungeshwar Sahoo,J.)