IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10091 of 2010 Mukesh Kumar Verma, son of late Suresh Chandra Verma, resident of Mohalla Baxeriya Tola, Ghagha Ghat Lane, P.O.Mahendru, P.S. Sultanganj, District Patna. … Defendant-Petitioner. Versus 1. The State of Bihar through the Collector of the District Patna 2. Basudeo Prasad, son of late Ram Bhajan Mahto, resident of Mohalla Baxariya Tola, near Malariya Office, Ghagha Ghat Lane, P.O. Mahendru, P.S. Sultanganj, District Patna. ……. Respondents ------ For the Petitioner : Mr. Krishna Kant Singh, Advocate For the State : Mr. Jawed Gaffar Khan, A.C. to S.C.17 ------- 02/ 06.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. This writ petition has been filed by the petitioner challenging order dated 22.05.2010, by which the Munsif, Patna City, rejected the application of defendant-judgment debtor-petitioner for stay of Execution Case Ho. 02 of 2009, which was pending for executing of the decree of the petitioner’s eviction passed in Eviction Suit No. 35 of 2007. 3. Learned counsel for the petitioner submits that the decree of eviction was an ex parte decree and for restoration of the said eviction suit, Misc. Case No. 09 of 2009 has been filed, which is pending before the Munsif, Patna City. 4. Learned counsel for the petitioner very fairly contends that after the impugned order the petitioner has been dispossessed and delivery of possession has been effected in favour of 2 plaintiff-decree holder-respondent no.2. 5. In the aforesaid facts and circumstances, the said execution case had attained finality making this writ petition infructuous. Accordingly, this writ petition is dismissed as having become infructuous. However, this Court has not considered the merit of the miscellaneous case or otherwise and hence the court below is directed to decide Misc. No. 09 of 2009 expeditiously on its own merits in accordance with law without being prejudiced by this order. MPS/ ( S. N. Hussain, J. )