IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.508 of 2007 Kalawati Devi W/o Ganesh Ram resident of Village Rajauli P.S.Rajauli Dist. Nawada Petitioner-Defendant no.3-Judgment Debtor Versus 1.Rajendra Prasad 2. Surendra Prasad 3. Dayanand Prasad All sons of Biheshwar Lal resident of Village Rajauli P.S.Rajauli Dist. Nawada 4. Chinta Devi D/o Late Biheshwar Lal W/o Lala Prasad resident of Barh P.S. Barh Dist. Patna 5.Tara Devi D/oLate Biheshwar Lal W/o Dasrath Prasad resident of village and P.S. Mokama Dist. Patna 6. Saroj Devi D/o Late Biheshwar Lal W/o Gauri Prasad resident of Mohalla Malgodam P.S. & Dist. Nawada 7. Usha Devi D/o Late Biheshwar Lal W/o Ganesh Lal resident of Mohalla Marwari Bazar Town Samastipur Dist. Samastipur Plaintiffs-Opposite Parties- Decree Holders 8. Anandi Prasad Late Bhelu Lal 9. Krishna Prasad Late Bhelu Lal Defendant nos.1& 2- Opposite parties Judgment Debtor ----------- For the petitioner: Mr Gopal Bohra, Advocate For Opposite party no. 1 to 7 : Mr Mithlesh Pd. Singh.Advocate --------- 11 08.09.2009 Heard learned counsel for the defendant- petitioner as well as learned counsel for the plaintiffs-opposite party nos.1 to 7. This civil revision has been filed by defendant no.3- judgment debtor-petitioner challenging order dated 29.12.2006 by which learned Additional Munsif III, Nawada rejected his petition for stay of the execution proceeding of Execution Case no. 13 of 2003 till disposal of Miscellaneous Appeal no. 6 of 2006. Learned counsel for the petitioner submits that since Miscellaneous Appeal no.6 of 2006 has itself been dismissed on 21.06.2007, he wants to challenge it in the higher court and thus he seeks permission to withdraw this civil revision with liberty to file a - 2 - fresh application before the aforesaid executing court to stay the execution proceeding during the pendency of the case in which order of the Miscellaneous appeal has been challenged. Considering the fact and circumstance of the case, this civil revision is dismissed as withdrawn with the aforesaid liberty. However, if such an application is filed the learned court below shall consider and decide it in accordance with its own merit without being prejudiced by this order in any manner whatsoever. shahid (S.N.Hussain, J)