====================================================== Binod Kumar Sahu .... .... Appellant/s Versus Md. Shakeel .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Diwakar Upadhyaya For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 4 17-10-2016 Heard learned counsel for the petitioner and learned counsel for the respondent. 2. Perused the order dated 22.04.2016 passed by the learned District Judge, Bhagalpur, in T.S. No. 52 of 2015, whereby the court below has rejected the application filed by the petitioner under Order 41 Rule 5 C.P.C. 3. It appears that suit for specific performance was filed by the plaintiff-respondent against the defendant-petitioner. The suit was decreed. Against the decree, the petitioner filed Title Appeal No. 52 of 2015. Before the appellate court, said application was filed praying for staying the further proceeding in Execution Case No. 48 of 2015. The court below, by the impugned order, has rejected the said application finding that the plaintiff is admittedly in possession of the suit property. 4. Learned counsel for the petitioner submitted that if
