IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.245 of 2007 Mahendra Sao, son of Late Ram Sao of Mohalla Bakapur, P.S. Kotwali, District Munger…………Judgment-Debtor-Petitioner. -versus- Ramanand Singh, son of late Deo Narain Singh of Mohalla Murgiachak, at present within Fort, P.S. Kotwali, District Munger. ….Decree-Holder...Opposite Party ----------- Fore the Petitioner : Mr. Ajit Kumar, Advocate. For the Opp. Party : None. --------- 02/ 09.07.2009 Heard learned counsel for the petitioner. 2. This civil revision has been filed by the judgment- debtor-petitioner challenging order dated 23.12.2006, by which learned Munsif II, Munger rejected his petition dated 17.01.2006 under the provision of section 47 of the Code of Civil Procedure (hereinafter referred to as `the Code’ for the sake of brevity) in Execution Case No. 06/1989(09/1990). 3. The claim of the decree-holder-opposite party was that the subject matter of the execution case was involved in F.A. No. 310 of 1988, but it is quite apparent from the materials on record that I.A. No. 4175 of 2004 had been filed by the petitioner in F.A. No.310 of 1988 under the provision of Order XLI Rule 5 of the Code for stay of further proceeding of the instant execution case, but the said petition was dismissed by this Court on 02.05.2005. The learned court below has also found that a similar petition under section 47 of the Code was filed by the decree-holder on 24.05.2005, but the said petition was rejected by the executing court on 13.01.2006. The learned court below has considered the 2 entire matter in detail and has found that the decree holder is unnecessarily delaying the proceeding of the execution case, which is pending for about 20 years on the basis of frivolous petition, which is not even maintainable. 5. This Court does not find any illegality or jurisdictional error in the impugned order of the learned court below and, accordingly, this civil revision is dismissed. MPS/ ( S. N. Hussain, J. )