IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.776 OF 2011 VIJAY KUMAR, SHIVKUND, POST OFFICE SHIVKUND, POLICE STATION DHARHARA, MUNGER AT PREENT LBS NAGAR, ROAD NO. 9, POLICE STATION KASHIM BAZAAR, MUNGER. VERSUS BINOD KUMAR SINHA CHIRAIYA BARIYARPUR, AT PRESENT RESIDENT OF LBS NAGAR, ROAD NO.9, POLICE STATION KASHIM BAZAAR, MUNGER. ----------- 2 07.07.2011. Learned counsel for the petitioner submits that he has filed Eviction appeal no. 4 of 2009 against judgment dated 24.2.2009, in eviction case no. 03 of 2000. The decree holder has filed execution case for his dispossession. The petitioner submits that he has filed a petition under Order 41 Rule 5 of the C.P.C. for stay of further proceeding in execution case. In view of the nature of order that I propose to pass I do not find it expedient to notice other side. This court would only observe that the petition filed under Order 41 Rule 5 be disposed of by the appellate court. In the meantime, status quo as of today would be maintained in respect of suit property. Learned FTC IV, Munger or the court in seisin of the appeal would expedite the hearing. The writ petition stands disposed of. Shashi. (Samarendra Pratap Singh, J.)