IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.439 of 2008 KAMAL KUMAR Versus SUNIL KUMAR MISHRA ----------- 6. 17.9.2008 Heard counsel for the petitioner and the counsel for the opposite party on merits. This Court would not find any error in the impugned order. The moment the court had executed the sale deed in terms of the decree, it was implied therein that the possession of the suit property had to be delivered because it was suit for specific performance in which the decree was passed to the effect that the petitioner should execute the sale deed. Once the petitioner failed to do so the court below had executed the sale deed. The moment the sale deed was executed the property stood transferred in the name of the plaintiff opposite party and therefore, when resistance was being shown to execution of such decree, the court below rightly proceeded is to amend the petition seeking execution and thereafter also effecting delivery of possession of the land for it had had executed the sale deed. The submission on behalf of the counsel for the petitioner that the application of the petitioner against an ex parte decree having been rejected by the trial court and its 2 appeal has also been dismissed by the appellate court, a Civil Revision application against the ex-parte judgment and decree is pending before this Court can also be no ground, for interference in the impugned order specially when has been brought to notice of this court by the counsel for the opposite party that in terms of the aforesaid ex-parte decree, delivery of possession has already made in favour of the decree holder opposite party. In that view of the matter, this Civil Revision application on account of subsequent event of delivery of possession has actually become infructuous. It is however observed that in case the petitioner succeeds against the ex parte decree it will be always open for him to make a prayer before the court below for restoration of the possession in terms of Section 144 of the Code of Civil Procedure. With the aforesaid observation this application is dismissed. (Mihir Kumar Jha,J.) Surendra/