IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.90 of 2007 SUDAMIYA DEVI & ORS Versus KAMESHWAR OJHA @ SINGH ----------- 02. 07.05.2008 Heard learned counsel for the petitioners. This civil revision has been filed on behalf of the judgment debtors-petitioners against order dated 29.11.2006 by which the learned Execution Munsif, Muzaffarpur, rejected their petition for stay of Execution Case No.14 of 1981 till the disposal of Partition Suit No. 67 of 2005 which was filed by another person.. The instant matter arises out of Title Suit No. 247 of 1974 which was filed by the father of decree holder-opposite party for declaration of title and recovery of possession with respect to the suit land. The said suit was decreed by Additional Munsif, Muzaffarpur, on contest in the year 1979 whereafter the judgment debtors-petitioners filed Title Appeal No. 29 of 1979 but the said title appeal was dismissed for default on 28.07.1991 by the learned Additional Subordinate Judge, Muzaffarpur, whereafter miscellaneous case was filed for restoration of the said title appeal but the same miscellaneous case was also rejected. It transpires that thereafter judgment debtors-petitioners did not take any step in that regard. In the said circumstances, the Execution Case No. 14 of 1981 which was filed by the decree holder-opposite party for execution of decree passed in Title Suit No. 247 of 1974 continued. It further transpires that after fourteen years of disposal of the title appeal,the nephew of the defendant-appellant- - 2 - petitioner filed Partition Suit No. 67 of 2005 impleading the parties to the instant suit as defendants of that partition suit. Taking advantage of the situation, the petitioners filed a petition in the Executing Court for stay of the execution case during the pendency of the aforesaid partition case. The learned court has rejected the said petition of the petitioners holding that the plaintiff of the partition suit was neither a decree holder nor a judgment debtor and has no concern with the earlier title suit, title appeal and the instant execution case. Hence, on the basis of the said suit having been filed the proceeding of execution case which is continuing since more than twenty five years cannot be legally stayed. In the aforesaid facts and circumstances, this court does not find any illegality or jurisdictional error in the impugned order of the learned court below and accordingly, this civil revision is dismissed. harish (S.N. Hussain, J.)