IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11114 of 2011 Smt.Saroj Devi & Ors Versus Asha Devi & Ors ---------------------------------- 10. 15.09.2011 Heard the learned counsel for the petitioners. This application under Article 227 of the Constitution of India has been filed by the plaintiff- respondent-petitioner against the order dated 22.02.2007 passed by F.T.C. V, Samastipur in Title Appeal No.75 of 2006 whereby the learned Court below stayed the further proceeding in Execution Case No.8 of 2006 pending in the Court of Munsif, Rosera. The learned counsel for the petitioner submitted that there was no Lower Court record before the Court below but in the impugned order, the learned Court below observed that he perused the Lower Court record and without finding prima facie case in favour of the appellant, stayed the further proceeding of the execution case. It is admitted that the suit property is a building. It is also admitted fact that the appeal filed by the defendant is First Appeal and, therefore, as a matter of course, it is to be admitted and in fact, the appeal has been admitted. So far the points raised by the petitioner is concerned, these matters cannot be decided under supervisory jurisdiction because the fact remains that appeal admitted and the execution case has been filed for recovery of possession of the suit premises. 2 I, therefore, find no reason to interfere with the impugned order. Accordingly, this writ application is dismissed. Saurabh ( Mungeshwar Sahoo, J.)