IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2454 of 2007 RAMADHAR @ RAMADHAR PRASAD Versus NIRMALA DEVI ----------- 4 4/7/2008 Though this case is placed under the heading for orders for hearing on the stay matter, but this Court with the consent of both the parties has taken-up this matter for hearing in the admission matter. At this stage, after some argument counsel for the petitioner seeks permissions to withdraw this application. This application is accordingly dismissed as withdrawn. Counsel for the opposite party has, however, produced before this Court an order dated 23.3.2007 in First Appeal No. 156 of 2005 by which in this very proceeding this Court had passed the following order:- “Considering the facts and circumstances of this case, I do not find any prima facie case for stay of the Execution Proceeding and the balance of convenience is definitely in favour of the respondents, who are widow and minor children, and they are bound to suffer irreparable loss, if the execution proceeding is stayed. In the said circumstances, this interlocutory application is dismissed. However, if the appellant has given or gives 1/5th share in the joint family property to the respondents and the said points are discussed and considered by the trial court in Partition Suit No. 239 of 2001, the appellant will be at liberty to move this court again.” In view of aforementioned inter-party order this Court directs the Executing Court to proceed further for realization of the amount from 2 the petitioner in accordance with law. ( Mihir Kumar Jha, J.) Abhay Kumar