IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.18 of 2009 RAMAWTAR SHARMA Versus LAKSHMI DAS & ORS ----------- 2 15.1.2009 Heard Mr. Ajay Kumar Thakur, counsel for the petitioner at some length. In the opinion of this Court, while no exception in law can be made as with regard to the view recorded by the court below in the impugned order refusing to stay the proceedings of a title (eviction) suit on the ground of pendency of an earlier suit for specific performance, this much is required to be recorded here that even if the eviction suit is decided against the petitioner, the findings therein as with regard to the title of the suit land/premises will not bind him in the other suit filed by him for seeking specific performance of contract. Once this apprehension of the petitioner gets removed, the logical outcome would be that even if the eviction suit is decreed against the petitioner and he is made to vacate the premises, he will be still entitled for its restitution as and when he would succeed in his own suit for specific performance. The grievance of the petitioner that as a matter of fact such suit for specific performance is awaiting its disposal because of pendency of a miscellaneous appeal 2 arising out of an order dismissing the suit on account of pecuniary jurisdiction has some semblance on merit inasmuch as the suit filed by the petitioner of the year 1987 is still awaiting its final disposal only on account of some technicalities. That being so, this Court would direct the lower appellate court to dispose of the Misc. Appeal No. 3/2005 expeditiously preferably within a period of three months from the date of receipt/production of a copy of this order. It is however made clear that the disposal of the eviction suit filed against the petitioner will not await either the disposal of the aforesaid Misc. Appeal and/or suit for specific performance and the trial court must dispose of the eviction suit within a period of two months from the date of receipt/production of a copy of this order. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)