IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11327 of 2010 ISHWARI PRASAD S/O LATE NANHAK CHAUDHARY R/O MOHALLA JAIL ROAD, ARA, WARD NO.22, P.S.ARA, TOWN, DISTT-BHOJPUR. ...DEFENDANT-JUDGMENT DEBTOR-PETITIONER. VERSUS 1. THE STATE OF BIHAR 2. THE REGISTRAR, CIVIL COURT, BHOJPUR,ARA 3. THE COLLECTOR BHOJPUR, ARA 4. THE D.C.L.R. ARA, BHOJPUR 5. THE S.D.O. ARA, BHOJPUR 6. CIRCLE OFFICER, ARA 7. GANESH PRASAD, S/O LATE RAM PRASAD SAH, R/O MOHALLA MILKI-ARA, P.S.ARA TOWN, BHOJPUR, AT PRESENT MOHALLA -DHARAHARA, P.S. ARA TOWN, DISTT- BHOJPUR. …PLAINTIFF-DECREE HOLDER-RESPONDENTS For the petitioner : M/s Anish Chandra Sinha and Rakesh Kr. Mishra, Advocates. For the State : Mr. Subhash Pd. Singh, GA-8 ----------- 02/ 26.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition has been filed by the petitioner, who was defendant-judgment debtor, for quashing order dated 18.09.2009 passed by the Execution Munsif, Ara in Miscellaneous Case No.02 of 2006 and also orders dated 04.05.2010 and 23.06.2010 passed by Execution Munsif, Ara in Execution Case No.20 of 1997 (Annexure-6) and also for stay of further proceeding of Execution Case No.20 of 1997 pending before the Execution Munsif, Ara. Learned counsel for the petitioner submits that in the said execution case, an application under section 47 of Code of Civil Procedure was filed which was numbered as Miscellaneous 2 Case No.02 of 2006 but it was dismissed for default on 18.09.2009 and for restoration of that miscellaneous case another application bearing Miscellaneous Case No.38 of 2009 was filed which is pending in the Executing Court. After some arguments, learned counsel for the petitioner seeks permission to withdraw this petition so that he may press Miscellaneous Case No.38 of 2009 for its early disposal before passing final orders in said the execution case. In the said circumstances, this writ petition is dismissed as withdrawn with a direction to the petitioner to produce a copy of this order immediately within one week before the executing court, namely Execution Munsif, Ara and if it is so done, the said court must decide Miscellaneous Case No.38 of 2009 within two weeks thereafter and only then proceed with Execution Case No.20 of 1997. It may be noted that this court has not passed any order on the merits of the case but considering the facts and circumstances of this case, both the miscellaneous case as well as the execution case needs early disposal. harish/ ( S. N. Hussain, J. )