IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.349 of 2008 RAJENDRA PRASAD AGARWAL & ANR Versus SMT. SHIV JHARI DEVI & ORS ----------- 5 7/11/2008 Heard counsel for the parties. In the opinion of this Court the impugned order does not suffer from any jurisdictional error. Submission that the executing court has gone behind the decree, does not seem to be correct, in as much as, the court below in the impugned order has considered and rejected each and every objection of the petitioner. Infact a bare perusal of the impugned order also removes the doubt that any plea of the petitioner as against the Pleader Commissioner’s report were not taken into consideration. Thereafter it must be held that the court below has strictly acted in terms of the decree under execution. That being so, this Court does not find any merit in this application and the same is hereby dismissed. At this stage, Mr. Mahesh Narayan Parbat, learned counsel appearing on behalf of the opposite parties has placed 2 before this Court an order dated 13.8.2007 in C.R. No. 934 of 2006, whereby and whereunder, the executing court was directed to make all endeavor to dispose of the same within a period of four months from the date of receipt/production of copy of the order. Mr. Parbat, however, submits that despite direction in the aforementioned terms the execution proceeding is still pending. This Court would not make any further observation as there is already an order of this Court dated 13.8.2007 which needs to be respected and complied by all concerned. Let a copy of this order be sent to the District Judge, Chapra for immediate compliance. ( Mihir Kumar Jha, J. ) Abhay Kumar