IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.617 of 2010 Most. Muneshwari Kuwar Versus Hira Muni Devi ---------------------------------- 8 13-9-2011 I.A.No. 4410 of 2011 This Interlocutory application has been filed on behalf of the petitioner praying for stay of the further proceeding in T.S.No. 1 of 2005 pending in the court of Subordinate Judge III, Buxar, till the disposal of this revision application. However, with the consent of the parties this revision application itself is being finally disposed of at this stage. The Title Suit No. 1 of 2005 has been filed by the plaintiff-opposite party for specific performance of contract . The defendant-petitioner appeared and filed the written statement contesting the claim of the plaintiff on various grounds including the enforceability of the agreement for sale, relied upon by the plaintiff, for want of registration. From the impugned order it appears that the issues in the suit have been framed on 13-2-2007 which also include the issue regarding the maintainability of the suit. A supplementary affidavit has been filed on behalf of the petitioner wherein it has been stated that the evidence of the 2 plaintiff was closed on 3-1-2011 and the evidence of the defendant was closed before 10-8-2011. It has been further stated that the proceeding had been adjoured for argument to 8-9-2011. The learned counsel appearing on behalf of the opposite party has informed that as per his instruction the next date for argument has been fixed to 23-9-11 in the suit. Both the parties have agreed that this revision application be disposed of with a direction to the court below to consider the objection raised by the petitioner in his petition dated 7-5-2007. In view of the aforesaid facts, particularly the fact that the hearing of the suit has reached to a very advanced stage where only the argument is to be done by the parties, it would be just and proper that the learned court below be directed to consider the objections raised by the petitioner in his petition dated 7-5-2007 at the time of hearing the argument and delivering the judgment.This Court directs accordingly. With these directions this revision application is disposed of. It may be recorded that this Court has not expressed any opinion on the merits of the objections raised 3 by the defendant-petitioner in his petition dated 7-5-2007 and those objections shall be considered and decided by the court below in accordance with law without being prejudiced by this order. roy ( V. Nath, J.)