IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1166 of 2006 1. BIBI NIHAR BEGUM @ NOORUN NIHA 2. BIBI NOORI @ NOORI SHAHKAR 3. MD. NAWAID IQBAL All resident of Mohalla-D.N. Singh Road, Khalifabagh, P.S. Kotwali, District-Bhagalpur, at present residing at Mohalla-Sahjangi, P.S. Habibpur, District-Bhagalpur Versus SMT. MANGALA RANI GHOSE @ MANGLA DEVI, Wife of Sri Shankar Kumar Ghosh, resident of Mohalla-Bhikhanapur, P.S. Kotwali, District-Bhagalpur ----------- 06/ 14-01-2009 This Civil revision application was filed by the petitioners for staying further proceeding of Execution Case No. 1 of 2006 pending in the Court of Munsif II, Bhagalpur. Petitioner is defendant in Title Eviction Suit No. 33 of 1992 which has been decreed in favour of the plaintiff. Against the judgment and decree passed in Title Eviction Suit No. 33 of 1992 defendant –petitioner has preferred Title Appeal No. 3 of 2006. This Civil revision application was listed under the heading “For Admission” on 14.08.2006. On that very date Opposite Party No. 2 entered appearance and prayed for some time. An order was passed, directing to put up this application on 21.08.2006 retaining its position, and for maintaining status-quo in the meantime as existing. Counsel for the petitioner submitted that on 21.08.2006 when the case was listed again it was quite below in the list, it could not be taken up “For Admission”. In the meantime, subsequently the Executing Court passed order in Execution Case No. 1 of 2006. The possession of tenanted house was delivered in favour of the plaintiff, as such the Civil revision application itself has become infructuous. Counsel for - 2 - the petitioners has further submitted that the Executing Court has delivered possession of the tenanted house in favour of the plaintiff ignoring the order dated 14.08.2006 passed by this Court. Once an order for maintaining status-quo was passed presumption is that it will continue till disposal of the Civil revision application. The decree passed in Title Eviction suit should not have been executed by Executing Court during pendency of Revision application. On perusal of order dated 14.08.2006 passed by this Court, I find that there is no error in the orders passed by Executing Court if it proceeded with the Execution case. The status-quo order was passed for the period in between 14.08.2006 to 21.08.2006 only. The direction to maintain status-quo was only for the period in between 14.08.2006 to 21.08.2006. Counsel for the petitioners submits that on account of delivery of possession of the tenanted house not only this Civil revision application but the Title appeal has also become infructuous. In case appeal is decided in favour of the petitioners, as provided in the law they may make a prayer for restoration of their possession. This application is dismissed. S.Sb/- (Mridula Mishra, J.)