IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11729 of 2010 BIBI JAHIDA KHATOON W/O LATE MEHDI HUSSAIN R/O MOHALLA WARD NO.22, SUPAUL NAGAR PARISHAD, P.S.SUPAUL, DISTT-SUPAUL …………………….PETITIONER VERSUS 1. DR.ABDULLAH S/O LATE MD. HUSSAIN R/O VILL CHANSIPATTI , P.S.SUPAUL, DISTT-SUPAUL, AT PRESENT WARD NO.8, NAGAR PARSHAD, SUPAUL, DISTT- SUPAUL 2. MOZIBUR RAHMAN S/O LATE NAJIM RAHMANIN R/O VILL CHANSIPATTI, P.S.SUPAUL, DISTT-SUPAUL, AT PRESENT WARD NO.16, NAGAR PARISHAD, SUPAUL, DISTT-SUPAUL 3. BIBI ZARINA KHATOON W/O MD. HAROON R/O VILL KISHUNPUR, DISTT-SUPAUL 4. BIBI RUBEDA KHATOON W/O MD.ABDUL QUADIR R/O SUPAUL, WARD NO.8, P.S.& DISTT-SUPAUL 5. MOST. MAIMUNA KHATOON W/O LATE SHEIKH MEHDI HUSSAIN 6. MD. ALAM S/O HAJI MEHDI HUSSAIN 7. MD. ATAULLAH S/O HAJI MEHDI HUSSAIN 8. MD. MINATULLAH S/O HAJI MEHDI HUSSAIN 9. MD. SIMUTULLAH S/O HAJI MEHDI HUSSAIN R/O MAUZA SISONI, P.S.MARAUNA, DISTT-SUPAUL …….RESPONDENTS. For the petitioner : M/s. Md. Raghib Ahsan, Sr. Advocate with Nafisuzzoha and Naushaduzzoha, Advocates. For the respondents : None. ----------- 02/ 08.09.2010 Heard learned counsel for the petitioner. Through this writ petition, the petitioner challenges order dated 15.04.2010 by which Subordinate Judge-I, Supaul dismissed application of the defendant-judgment debtor-petitioner for stay of further proceeding of Execution Case No.01 of 2008. The matter arises out of Title Suit No.17 of 1989 filed by plaintiffs-respondents for partition of the suit land. The said suit was decreed on 18.07.1996 against which defendant-petitioner field Title Appeal No.01 of 1997 in the court of District Judge, Saharsa which was admitted on 19.11.1997 but was finally dismissed for default in the year - 2 - 1999 by Additional District Judge-Supaul where the case was transferred and the petitioner claimed that he had no knowledge of the said transfer. However, the petitioner filed Miscellaneous Case No.01 of 2002 for setting aside the said order of dismissal which is pending before Additional District Judge, Supaul. It further transpires that the plaintiff-decree holder-respondent filed Execution Case No.01 of 2008 for execution of the decree of the trial court and in that execution case the defendant-petitioner filed an application for stay of further proceeding of the execution case till the disposal of the miscellaneous case, but the said application of the petitioner was rejected by Subordinate Judge-I, Supaul vide order dated 15.04.2010 in Execution Case No.01 of 2008 which is under challenge in the instant writ petition. After some arguments, learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file an application before the Additional District Judge, Supaul in Miscellaneous Case No.01 of 2002 for stay of further proceeding of Execution Case No.01 of 2008 during pendency of the miscellaneous case. Considering the facts and circumstances of this case, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the petitioner files an application for stay in the said miscellaneous case before the Additional District Judge, Supaul along with a copy of this order within fifteen days, the said Judicial Officer shall decide the matter within one month thereafter. Till then, further proceeding of Execution Case No.01 of 2008 shall remain stayed. However, it may be mentioned that if no application for stay is - 3 - filed before the Additional District Judge, Supaul in Miscellaneous Case No.01 of 2002 within fifteen days as per the above directions, Execution Case No.01 of 2008 shall not be stayed and shall proceed. Harish (S.N. Hussain, J.)