Mr.Jha, learned counsel appearing on behalf of the petitioner has accepted that no affidavit was filed by the petitioner before the executing court or before the officer of the court who reached the spot for effecting the delivery of possession informing the fact regarding the stay of the operation of the judgment and decree under execution. The petition, however, was filed by the petitioner on 05.07.2013 before the executing court in this regard. In view of the provision as contained in Order 41 Rule 5 (Explanation) C.P.C., this Court does not find that the learned court below has committed illegality , irregularity or has acted without jurisdiction in passing the impugned order after considering the facts and circumstances of the case. At this juncture, the learned counsel for the petitioner has prayed that this application may be directed to be placed alongwith the C.R.No.729/2010. This Court, after considering the submissions, is not inclined to allow this prayer, as in the facts of the case, even if the
