IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15241 of 2010 MOST.NIRMALA DEVI & ORS . Versus SRI JAGAR NATH DHARAM SHALA . ----------- 2. 13.12.2010 Heard learned Counsel for the petitioners and the learned Counsel for the sole respondent. The petitioners are aggrieved by the failure of the trial court to dispose of their application under Order 9 Rule 13 CPC registered as Miscellaneous Case No. 22 of 2009 against the exparte judgment and decree dated 25.4.2009/5.5.2009 in Title Suit No. 188 of 1991 leading to Execution Case No. 16 of 2009. Learned Counsel for the petitioners submits that after death of the original defendants there was no proper service of notice upon the petitioners as the substituted heirs and a service report was managed. Counsel for the sole respondent submits that after the petitioners were substituted on 26.5.1999 notices were duly issued to them through registered acknowledgement due also. Be that as it may, those are aspects to be considered from the records while disposing of Miscellaneous Case No. 22 of 2009. If an application for setting aside an exparte decree is filed, it cannot be frustrated without granting a hearing to the petitioners by allowing the execution case to proceed in the meantime. That may virtually amount to allowing the execution case to succeed by default. Justice demands that the miscellaneous case of the petitioners be disposed off within a maximum period of two moths from the date of receipt and/or presentation of a copy of this order before the Court concerned without granting any unnecessary adjournment to either party. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)