IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1621 of 2006 GOVIND KUMHAR, SON OF LATE JIVLAL KUMHAR, RESIDENT OF VILLAGE BELAGANJ, P.O. AND P.S. BELAGANJ, DISTRICT GAYA… DEFENDANT-PETITIONER Versus 1. SARJU PRAJAPAT, SON OF GOPI PRAJAPAT 2. BASANT PRAJAPAT 3. RAMA KANT PRAJAPAT, ALL SONS OF SARJU @ SARJU PRAJAPAT, ALL RESIDENTS OF VILLAGE BELAGANJ BAZAR, P.O. AND P.S. BELAGANJ, DISTRICT GAYA, PLAINTIFF-OPPOSITE PARTIES IST SET 4. TILESHWAR MANJHI 5. CHAUTHIYA MANJHI, BOTH SONS OF BARAT MANJHI 6. KRISHNA MANJHI, SON OF CHAUTHIYA MANJHI @ CHOTHU MANJI 7. JEETAN MANJHI, NAME OF FATHER NOT KNOWN TO THE PETITIONER 8. DASHRATH MANJHI, NAME OF FATHER NOT KNOWN TO THE PETITIONER 9. JAGDISH MANJHI, SON OF LATE TERLSI MANJHI, ALL RSIDENTS OF VILLAGE BELAGANJ, P.O. AND P.S. BELAGANJ, DISTRICT GAYA… OPPOSITE PARTIES… OPPOSITE PARTIES 2ND SET. 7. 16.04.2009 Heard learned counsel for the petitioner and learned counsel for the opposite parties. This civil revision application has been filed by the judgment-debtor-petitioner against the order dated 25.8.2006 passed in Execution Case No.7 of 2005 by learned Execution Munsif, Gaya by which a time petition of the petitioner has been rejected. The petitioner filed a time petition claiming that his miscellaneous case for setting aside the ex parte judgment and decree was pending and, therefore, till final orders 2 passed in the miscellaneous case, execution case may be stayed. A rejoinder petition has been filed by the opposite parties in which the order dated 22.01.2008 passed in Misc. Case No.11 of 2005 filed by the petitioner is enclosed. From the order dated 22.01.2008 it appears that the miscellaneous case filed by the petitioner has been finally dismissed as barred by limitation. In that view of the matter, no ground subsists to the petitioner to contend that the execution case may be stayed or adjourned pending his miscellaneous case. This civil revision application is, accordingly, dismissed. B.T. (J. N. Singh, J.)