IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8089 of 2010 ----------- 1. Sunil Kumar Singh son of late Rajendra Singh 2. Most. Jharo Devi, wife of late Rajendra Singh 3. Anil Singh, son of late Rajendra Singh 4. Golu Singh @ Golo Singh, son of late Rajendra Singh 5. Munni Ram, son of late Huro Ram @ Hriday Pd. Singh 6. Tunni Ram, son of late Huro Ram @ Hriday Pd. Singh 7. Bishu Ram, son of late Huro Ram @ Hriday Pd. Singh 8. Jago Ram, son of late Huro Ram @ Hriday Pd. Singh All residents of Burhanath Road, Bhagalpur, P.S. Kotwali, District Bhagal;pur ……. Petitioners. . versus 1. The State of Bihar through L.R, Department of Law, Government of Bihar. 2. The Regisrar, Civil Court, Bhagalpur. 3. Rajesh Kumar Gupta @ Rajesh Kumar Singh, son of late Basukinath Gupta 4. Most. Shanti Devi wife of late Basukinath Gupta Both resident of Barhanath Road, P.S. Kotwali, District Bhagalpur. …… Respondents. …… For the petitioners : M/s S. K. Das and P. K. Das, Advocates. For the respondents: None. ------- 02/ 01.07.2010 Heard learned counsel for the petitioners. 2. This petition has been filed by the petitioners for quashing order dated 05.03.2010, by which Munsif-II, Bhagalpur rejected their application for stay of further proceeding of Execution Case No. 30 of 1983, which was initiated for execution of the ex parte decree of eviction dated 01.04.1982, passed by Munsif-II, Bhagalpur in Eviction Suit No. 110 of 1980. 3. It is submitted by learned counsel for the petitioners that although the petitioners, who were defendants in the 2 said eviction suit, did not challenge the ex parte decree in any appeal or miscellaneous case, but they filed Title Suit No. 202 of 1983 challenging the aforesaid ex parte decree passed in the eviction suit and, thereafter, they filed an application in the execution case for stay of its proceeding. 4. This Court does not see any reason to interfere with the order passed in the execution case specially when the petitioners have not taken any step in Title Suit No. 202 of 1983 either for restraining the defendants of that suit or for directing the executing court to stay further proceeding of the execution case. 5. In the said circumstances, this writ petition is dismissed with a liberty to the petitioners to file an appropriate application in Title Suit No. 202 of 1983 for any interim relief as mentioned above which, if filed within one month from today, must be decided by the said court within two months thereafter in accordance with law without being prejudiced by this order. MPS/ ( S. N. Hussain, J. )