IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15235 of 2010 SHAHAB TANWEER SHABBU, SON OF SYED SHARFUDDIN AHMAD,R/OMILKI, MOHALLA, P.S - ARRAH TOWN, DISTRICT- BHOJPUR. ..DEFENDANT- JUDGMENT DEBTOR-APPELLANT-PETITIONER. Versus BIMAL PRATAP SINHA, SON OF BRAJENDRA PRASAD SINHA, R/O RAMNA ROAD, P.S - ARRAH TOWN, DISTRICT-BHOJPUR. ..PLAINTIFF-DECREE HOLDER-RESPONDENT-RESPONDENT. ----------- For the petitioner : Md. Ataul Haque, Advocate. For the respondent : M/s V. Nath, Ashok Kumar and Satish Kumar, Advocates. 03/ 24.09.2010 Heard learned counsel for the petitioner and learned counsel for respondent. 2. This writ petition has been filed for quashing order dated 25.08.2010 by which Additional District Judge-II, Bhojpur rejected the petitioner’s application for stay of delivery of possession in Execution Case no. 12 of 2009. 3. The matter arises out of Eviction Suit No. 32 of 1998 which was filed by the respondent for eviction of petitioner on the grounds of personal necessity, default in payment of rent as well as expiry of period of lease. The said suit was decreed by Munsif-II, Ara vide judgment and decree dated 25.03.2009. For execution of the said decree, the respondent filed Execution Case No. 12 of 2009 which is pending before the Execution Munsif, Ara. 4. Against the aforesaid judgment and decree of the trial court, the petitioner filed Title Appeal No. 73 of 2009 and also filed an application dated 28.05.2009 (Annexure-4) for stay of further proceeding of the execution case, to which the - 2 - respondent filed reply on 09.06.2009 (Annexure-7). However, on 10.06.2009 undertakings were filed by both the parties out of whom petitioner undertook that he will be appearing on all dates for early disposal of Title Appeal, whereas respondent in his undertaking stated that he would not press for delivery of possession for the time being. Thereafter, no order was passed in the case for more than one year. 5. In the meantime Executing Court issued order for delivery of possession on 19.07.2010 (Annexure-2). Hence the petitioner again filed the petition dated 26.07.2010 (Annexure-5) for stay of the proceedings of delivery of possession in the Execution Case. The respondent filed his rejoinder dated 13.08.2010 (Annexure-6). Finally, the petition of stay filed by the petitioner was rejected by the Appellate Court vide impugned order dated 25.08.2010 (Annexure-1). 6. There are allegation and counter allegation levelled by both the parties against the other party regarding which this court is least concerned as all the said matters are to be considered at the time of final disposal of Title Appeal. Furthermore, the application filed by the petitioner in his Title Appeal for producing additional evidence has already been rejected. Hence, there is no hitch in the matter for early disposal of the title appeal. 7. It further transpires that the petitioner was directed to pay rent regularly, but according to the respondent, he has not paid any rent since March-2009. Learned counsel for the - 3 - petitioner submits that he is sending the said rent through Money- orders which are returned. This act of the petitioner appears to be absolutely against specific direction of the court according to which rent had to be deposited in the court. In the said facts and circumstances petitioner must deposit the entire rent till September-2010 in the Executing Court within fifteen days from date of receipt/production of a copy of this order failing which the delivery of possession should be immediately effected by the Executing Court. 8. However, if the said rent is deposited within the aforesaid period of fifteen days in the Executing Court, the delivery of possession shall not be effected till the final disposal of Title Appeal which has to be decided within 45 days from the date of receipt/production of a copy of this order. 9. The plaintiff shall be at liberty to raise the point with regard to effect of non compliance of any order under Section 15 of Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 and the defendant will have the right to defend the said question. Thereafter, Additional District Judge-II, Bhojpur is directed to dispose of the Title Appeal within forty five days from the date of receipt/production of a copy of this order without giving any adjournment to any of the parties which will only mean to delay the matter unnecessarily. 10. With the aforesaid observations/ directions, this writ petition is disposed of. Ranjan (S.N. Hussain, J.)