IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.812 of 2009 MD.FAROOQUE & ORS … … Petitioners Versus WALI ALAM & ORS … … Opp. Parties For the petitioners: Shri Keshav Srivastava ----------- 2. 22.5.2009 Heard Shri Keshav Srivastava, learned Senior counsel for the petitioner. The petitioners are aggrieved by the order passed by the learned Additional District Judge, Fast Track Court 5, Vaishali at Hajipur by which he allowed Misc. Appeal No. 1 of 2006 setting aside the decree passed in T.S. No. 157 of 1991. The learned Judge has discussed the material evidence in his order, specially, at pages 4,5, and 6 as also some of the parts of the records in putting the suit for hearing exparte and went on to record his satisfaction that there were no reasons for the court below to record that the defendants second set had the knowledge of the date of hearing and they deliberately kept themselves out of the court. I am satisfied with the observations made by the lower court and after considering the evidence specially at 2 pages 6 and 7 and in that light I am not inclined to interfere with the order passed in the Miscellaneous Appeal. The revision petition is dismissed as of no merit. While hearing the present revision petition I came across the fact that the suit is of the year 1991. It is pointed out that the opposite parties, defendants second party, appeared in court on 8.10.2002 for seeking setting aside of the decree passed exparte and thereafter they are attending the proceedings. As the suit is for permanent injunction in respect of a particular property, I believe that the court below shall consider this aspect of the matter and shall accord due priority to this old case and attempt to dispose it of within one year from the date of receipt of a copy of the present order. Kanth ( Dharnidhar Jha, J.)