2025:JHHC:33976 IN THE HIGH COURT OF JHARKHAND AT RANCHI C. M. P. No. 1049 of 2025 Tanvir Ahmad, S/o Md. Sajjad, R/o Village-Mahuadanr, P.O. & P.S.- Mahuadanr, Dist.-Latehar … …. Petitioner Versus 1. Nazir Ahmad, S/o Late Amiruddin, R/o Village-Dipatoli, P.O. & P.S.- Mahuadanr, Dist.-Latehar 2. Khushbhu Nisha, W/o Late Fahimuddin, R/o Village-Dipatoli, P.O. & P.S.- Mahuadanr, Dist.-Latehar … …. Opp. Parties ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : Mr. Sudhir Kr. Sharma, Advocate Mr. Shashi Shekhar Dwivedi, Advocate ----- Oral Order 02 / Dated : 13.11.2025 1. Petitioner is the judgment debtor and Execution Case No. 13 of 2024 has been initiated against him during pendency of Miscellaneous Civil Application No. 02 of 2025. 2. It is submitted by learned counsel for the petitioner that a petition under Order XLI Rule 5 of CPC has been filed by the petitioner before the First Appellate Court for stay of the execution proceeding, but no order has been passed on it. In the meantime, the Executing Court is proceeding with the execution of the decree. 3. A prayer has been made for early hearing of the stay petition. 4. Law is settled that the filing of appeal does not operate as a stay of the execution proceeding. However, since a petition under Order XLI Rule 5 of CPC has been filed by the petitioner before the learned First Appellate Court, the Appellate Court is directed to dispose of the same within four weeks from the date of receipt/production of copy of this order in the light of guidelines in Lifestyle Equities C.V. & Anr. Vs. Amazon Technologies Inc. 2025 SCC Online SC 2153, or in the meantime to dispose of the main appeal itself by hearing both sides. Both sides are directed to cooperate in the hearing of appeal, failing which the Appellate Court will proceed as per law. With this observation, this civil miscellaneous petition stands disposed of. Pending, I.A. if any, also stands disposed of. Let this order be communicated to the Trial Court forthwith. In the meantime, the petitioner will not be dispossessed from the suit land within the aforesaid four weeks for the execution of decree. (Gautam Kumar Choudhary, J.) AKT/Satyendra Uploaded on 17.11.2025