IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1405 of 2008 SURENDRA NARAIN SINGH Versus SHEOSHANKER PRASAD & ORS ----------- 2 1.9.2008 Heard Counsel for the petitioner. In the opinion of this Court, the Executing Court seems to be in utmost hurry without realizing that some time justice hurried may be justice buried. The High Court order giving liberty to the petitioner to file fresh stay petition was passed on 22.4.2008 and from there, the chain of events would go to show that the petitioner was not found wanting in any respect in pressing his stay petition which was filed on 13.5.2008. In that view of the matter, the Court below ought to have at least given a real effective opportunity to the petitioner to get stay petition decided by the Appellate Court. That having been not done, this Court cannot approve the impugned order rejecting the prayer for time by the petitioner and the same is hereby set aside. Mr. Anil Kumar Jha appearing on behalf of the defendants, 2nd set, would not object to the disposal of the stay petition of the petitioner before the Appellate Court on merits. Considering the peculiar facts of this case, this 2 Court would direct the Appellate Court to dispose of the stay petition within a period of one month from the date of receipt/production of a copy of this order. As a necessary corollary to the aforementioned direction, it would follow that the execution proceedings shall not be undertaken till the Appellate Court disposes of such petition. With the aforementioned observations and directions, this civil revision application is disposed of. Rsh (Mihir Kumar Jha, J.)