IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1026 of 2008 SANJAY KUMAR THAKUR & ORS Versus KAUSHAL KUMAR THAKUR ----------- 3 22/7/2008 Heard counsel for the petitioners. Considering the import of the impugned order, this Court does not find any error in the same is as much the court below has noted the delaying tactics adopted by the appellant petitioner in the disposal of the appeal in the following words : - “It is relevant to mention here that the appeal has been filed on 16.09.2004 and about 3¾ years have passed. Now the appellant wants to stay the execution proceedings of the time of hearing. The Court has directed him to finally argue this appeal and to get decided as early as possible but the learned lawyer on behalf of the appellant is not ready to argue the appeal rather he is interested to stay in Execution proceeding.” At this stage, counsel for the petitioners realizing that this civil revision application could have been dismissed with heavy cost has given an undertaking that the appellant would pursue their appeal diligently and would ensure that the appeal itself is disposed of within a period of two months from the date of receipt of a copy of this order. In view of aforementioned undertaking given, this Court would direct the court below to 2 take-up the appeal on day to day basis and to ensure that the same be disposed of within a period of two months from the date the petitioners-appellants appear alongwith a copy of this order and request the court to take-up hearing of the appeal. In view of the fact that the appeal itself is going to be decided within the aforementioned period of one month, this Court would direct that the further proceedings of Execution Case No. 3 of 2005 would remain pending till disposal of the appeal. The harassment being caused to the plaintiff landlord opposite party on account of conduct of the defendants tenant petitioners would definitely require him to be compensated which is assessed tobe Rs. 2,500/-, which must be paid by the petitioner to the plaintiff landlord before commencement of hearing of the appeal. This civil revision application is accordingly disposed of with the above observation. ( Mihir Kumar Jha, J. ) Abhay Kumar