IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.703 of 2007 Osihar Singh & Ors Versus Panpatia Devi & Ors ----------- 05. 16.11.2011 Heard the learned counsel appearing on behalf of the petitioners as well as the learned counsel appearing on behalf of the opposite parties. This civil revision application has been filed against the order passed in appeal whereby the petitioner’s appeal assailing the order dismissing his petition under Order 9 Rule 13 C.P.C. has been dismissed. The facts of the case has not been disputed by the learned counsels appearing on behalf of the parties. However both the learned counsels very fairly expressed their agreement that it is always in the interest of justice that the dispute with regard to the immovable properties should be decided, if possible, on merits after contest. However, the learned counsel appearing on behalf of the opposite parties has drawn the attention of the court towards the harassment and expenditure incurred by the opposite parties in the litigation due to the inaction/negligence of the petitioners and has submitted that the opposite parties should be appropriately compensated. The learned counsel appearing on behalf of the 2 petitioners have not objected to the above stand. In view of the facts above mentioned and the stand taken by the learned counsels, it will be appropriate in the interest of justice that T.S.No.445/1989 itself be directed to be heard on merits after setting aside the ex parte decree passed in the said suit and the opposite parties be compensated by awarding cost. As such this revision application is allowed and the impugned order is set aside subject o payment of cost of Rs. 10,000/-to be paid by the petitioner to the opposite party. The cost must be deposited by the petitioners in the court below within six weeks from the date of this order and after deposit of the cost amount the court below will permit the opposite parties/plaintiffs to withdraw the said amount. Both the parties have agreed that they will not take unnecessary adjournment in the suit and make endeavour to complete the proceeding expeditiously. The learned court below is directed to dispose of the suit as expeditiously as possible preferably within nine months of the date of receipt of this order without granting unnecessary adjournments to the parties. This revision application is allowed with aforesaid directions. Nitesh ( V. Nath, J.)