IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.651 of 2008 NARESH DUBEY @ NARESH CHANDRA DUBEY Versus SATYABRAT VERMA & ORS ----------- 2 8/8/2008 Heard counsel for the petitioner and counsel for opposite partyno.1. There is no doubt that the decree sought to be executed is exparte decree and the petitioner, the judgment debtor having failed to get the suit restored against that exparte decree has filed an appeal being Appeal no. 28 of 2006. In that view of the matter, this Court is of the opinion that the aforementioned appeal needs to be disposed of expeditiously and accordingly the appellate court is directed to dispose of the appeal within a period of three months from the date of receipt/production of a copy of this order. Pending final disposal of the appeal, the execution proceeding shall remain stayed. But it is made clear that if the appeal is answered against the petitioner, the executing court will be at liberty to proceed for executing the decree. In the result, the impugned order is set aside and this civil revision application is disposed of with the aforementioned directions/ observations. ( Mihir Kumar Jha, J. ) Abhay Kumar