IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18534 of 2011 Harischandra Priyadharshi Versus Pinaki Ranjan Bioswas & Ors ---------------------------------- 02. 20.10.2011. Heard the learned counsel, Mr. R.K.P. Singh on behalf of the petitioner. By this writ application under Article 227 of the Constitution of India, the petitioner prays for to pass a direction to the Munsif Bihar, Nalanda to admit and adjudicate Misc. case No.15 of 2011 filed under Section 47 C.P.C. in execution case No.7 of 2004 after providing full opportunity to both party and being heard and adduce evidence on the issue of the execution or satisfaction of the decree and to stay the execution of the decree. The learned counsel for the petitioner submitted that the said Misc. case No.15 of 2011 was filed on 24.08.2011 but still it is binding. The only grievance of the petitioner is that the executing Court is directing the delivery of possession but the learned executing Court is not deciding the objection under Section 47 C.P.C. filed by the petitioner being Misc. Case No.15 of 2011. Admittedly, the Misc. case has been filed on 24.08.2011, i.e., recently. Therefore, if there is any urgency, the petitioner may press the Misc. case before the Court below by filing an application praying for disposing or deciding the Misc. case as early as possible. If such application is filed, the Court below shall consider the facts and pass necessary order. With this observation, this writ application is disposed of. Sanjeev/- (Mungeshwar Sahoo,J.)