IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.198 of 2007 ----- Ramanand Prasad son of Chandeshwar Prasad, resident of village Karan Bigaha, Police Station Noorsarai, Post Office Ajnaura, District- Nalanda. Defendant no.3- Applicant-Petitioner. Versus 1. Sri Krishna Kumar son of Sri Chandeshwar Prasad, resident of Village Karan Bigha Police Station, Noorsarai, Post Office Ajnaura, District Nalanda. -- Plaintiff in the court below. 2. Chandeshwar Prasad son of Late Balchand Mahto. 3. Smt. Peyari Devi wife of Chandeshwar Prasad 4. Smt. Shyama Devi wife of Krishna Kumar All resident of Village Karan Bigaha Police Station Noorsarai, Post Office Ajnaura, District- Nalanda. (Defendants in the court below) 5. Dular Chand Gope son of Gopi Gope 6. Arjun Gope son of Dasrath Gope. 7. Krishna Prasad son of Dasrath Gope All resident of village Rasalpur, Police Station Noorsarai, District Nalanda. (Defendants 2nd Set in the court below) Opposite Parties. ---- For the petitioner : Mr. Santosh Kumar Sinha-2, Advocate. For the opposite parties : None. ---- 03. 03.07.2009 Heard learned counsel for the petitioner. 2. This civil revision has been filed by defendant no.3- petitioner challenging order dated 10.1.2007 by which the learned Subordinate Judge I, Biharsarif, Nalanda rejected his petition for stay of the proceeding of final decree in Title Suit No.154 of 1981. 3. From the averments as well as from the materials on record, it transpires that the aforesaid Title Suit No.154 of 1981 was filed by opposite party no.1 for partition of the suit properties and when in spite of notices, no one appeared on behalf of the defendants, the said title suit was decreed ex parte and preliminary - 2 - decree was prepared. Thereafter at the initiation of plaintiff-opposite party no.1 the proceeding for preparation of final decree in the said suit has started. 4. It also transpires that in the meantime, the defendant- petitioner filed Miscellaneous Case No.01 of 2007 before the trial court under the provision of Order IX Rule 13 of the Code of Civil Procedure for setting aside ex parte preliminary decree and the same is pending and during its pendency the proceeding for preparation of final decree is continuing. 5. From the facts and circumstances of this case, it is quite apparent that no order has been passed in the miscellaneous case and the proceeding for the preparation of final decree is not going to affect the aforesaid miscellaneous case. Furthermore, the learned court below has considered the matter in detail, whereafter it has come to the conclusion that the proceeding for preparation of final decree is expeditiously taken on the direction of this High Court. 6. In the aforesaid facts and circumstances, this court does not find any illegality or jurisdictional error in the impugned order of the learned court below. Accordingly, this civil revision is dismissed. However, the learned court below is directed to expedite the proceeding of Miscellaneous Case No.01 of 2007 pending before Subordinate Judge I, Biharsharif, Nalanda. Sunil (S. N. Hussain, J.)