IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1526 of 2008 SURENDRA NARAIN SINGH Versus SHEOSHANKER PRASAD & ORS ----------- 2. 11.9.2008 Heard counsel for the parties. This Court would not find any error in the impugned order specially when the court below has shown its anxiety to dispose of the appeal itself in stead of considering the stay matter under Order 41 Rule 5 C.P.C.. This Court would therefore not like to make any comment on the conduct of the petitioner for the present. Infact it would be found from the observation made by the court below in the impugned order that the petitioner did not extend his co- operation in the disposal of the appeal itself despite willingness of the court to dispose of the appeal. Before me both the parties are present and have conveyed their willingness that they are seriously interested in contesting the appeal and getting it disposed of at the earliest possible date and in fact they are ready to commence hearing from next Monday i.e. 15th September, 2008. In that view of the matter, this Court would direct the appellate court to take up hearing on day to day basis and to ensure that 2 Surendra/ the same is disposed of on or before 29th September, 2008 before the courts are closed for Durga Puja Holidays. The apprehension of the petitioner with regard to the execution case is absolutely misconceived, inasmuch as this Court has already passed an order on 1.9.2008 in C.R.No. 1405/2008 directing stay of Execution Case No. 9/2007 till the disposal of the stay petition. The only modification that this Court now will have to make after noticing the impugned order in this case dated 29.8.2008 is that the proceedings in the Execution Case No. 9 of 2007 shall remain stayed till the disposal of the appeal in stead of stay petition in the petition as was earlier directed by this Court in the order dated 01.09.2008 in C.R. No. 1405 of 2008. With the aforementioned observations and directions this application is disposed of. (Mihir Kumar Jha,J.)