IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1835 of 2007 SRI SHRI NIWAS DAS AGARAWAL & ORS Versus MAHESHWAR PRASAD AGRAWAL & ORS ----------- 2 01.12.2008 Heard counsel for the petitioners. In the opinion of this Court, the Court below has not committed any jurisdictional error in refusing to recall its earlier order allowing amendment in the execution petition. The Court has gone into this aspect again in the impugned order while rejecting such application of the petitioner and its finding recorded therein, that by simply allowing the plaintiff to explain the boundary by way of amendment neither the nature of the suit would change nor any prejudice would be caused to the petitioner, can have no exception in law. That apart, it is a partition suit where the final decree proceeding is awaiting conclusion for the last 33 years. As a matter of fact, the petitioners have already filed the first appeal which is pending before this Court. In that view of the matter, the share of the petitioner as allowed by the executing court would itself remain subject to the final result of his pending appeal and whatever area is given to the plaintiff, can still be recovered by the petitioners in the event of their success in the appeal. That being so, this Court therefore would not find any error whatsoever in the impugned order. Accordingly, this Civil Revision application being misconceived is hereby dismissed. Bibhash (Mihir Kumar Jha, J.) - 2 -