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Judgment
A. Guneshwar Sharma, J
[1] Heard Mr. M. Ibohal, learned counsel for the petitioner.
[2] It is the case of the petitioner that he is third party in the suit. Vide order dated 31.01.2023 in RSA No.2 of 2018, this Court held in favour of respondent No.1 herein/decree holder and directed for eviction of the judgment debtor and his agents from the suit land. The petitioner who is third party, filed Judl.Misc.Case No.332 of 2023 and 333 of 2023 before the Executing Court to put on hold the execution proceeding and for preventing demolition of the structure in the suit land till the disposal of the Execution Case No.2 of 2023 pending before the Court of Ld. Civil Judge (Senior Division), Imphal West. The 2(two) applications were dismissed under order dated 26.09.2023 before the Ld. Executing Court and directed for eviction of the applicants/judgment debtors and his agents and demolition of the structure in the suit land. Being aggrieved by the impugned order, the applicant approached this Court. It is also stated that the Review Petitions being MC(Rev.Pet(J2)) No.2 of 2023 with Rev. Pet.(J2) No.3 of 2023 with Rev. Pet. (J2) No.4 of 2023 with Rev. Pet. (J2) No.5 of 2023 filed by the present petitioner, are pending before this Court and the matter are listed on 31.10.2023. The petitioner also filed Original (Probate) Suit No.2 of 2023 in the Court of Ld. District Judge, Imphal West for execution of the will with respect to suit property given to him by his late grandfather. The probate case is also registered on 31.10.2023 before the Ld. District Judge, Imphal West and the stage is at examination of witness.
[3] Issue notice to respondent Nos.1 & 2 in the Petition as well as in the Misc.Applications.
[4] The petitioner is permitted to take step upon respondent Nos.1 & 2 in the Petition as well as the Misc.Applications by dasty returnable on 31.10.2023.
[5] List these cases on 31.10.2023 before the roster Court along with the connected Review Petitions.
[5.1] The prayer for interim relief will be considered on the next returnable date.
[6] Furnish a copy of this order to the learned counsels appearing for the parties during the course of the day.