IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.299 of 2009 ----------- 1. Nagendra Rai, son of late Ramdeo Rai, resident of village Gidha Fulwaria P.S. Runisaidpur, District Sitamarhi, at present Town & District Patna ( Mohalla Vachaspati Nagar, Srikrishnapath, P.S. Bahadurpur, District Patna ) 2. Kumar Chandrakant, son of late Rajeshwar Sharma, resident of Muhalla Vachaspati Nagar, Srikrishnapath, P.S. Sultanganj ( now at present Bahadurpur), District Patna. 3. …. Opposite Parties-Petitioners. versus 1. Bibi Sahara Rizbi, wife of Syed Najam –E-Hasan Rizwi, resident of `Sabra Manzil, Mohalla Dargah, P.S. Sultanganj, District Patna, at present residing at `Baitul Sadaat Chhto Masjid Kumhrar, P.S. Agamkuan, P.S. Lohia Nagar, District Patna. … Pertitioner/Opposite Party. 2. Smt. Manju Sharma, wife of Shri Rajeev Kumar Ranjan 3. Smt. Devta Rani Srivastava, wife of late Surendra Nath Srivastava 4. Radha Kant Sharma, son of late Rajeshwar Sharma 5. Smt. Savitri Devi, wife of Shri Laxmi Kant Mishra Nos. 2 to 5 are resident of Vachaspati Nagar, Srikrishnapath, P.S. Sultanganj, District Patna. …Opposite Parties 1st set. 6. Bibi Roshan Arra, widow of late Md. Badruzzama @ Eqwal Ahmad, 7. Afrin Eqbal 8. Nasreen Eqbal 7 & 8 are minor daughters of late Badruzzama @ Eqbal Ahmad, under the guardianship of their mother Bibi Roshan Arra, well-wisher & next friend. 9. Qamruzzama Faquini @ Banty 10. Zamruzzama Faquini @ Monty 11. Minna Fuzzaman Faquini @Minni 12. Sadruzzama Faquini @ Sunni 13. Denishezzaman Faquini @ Danish 9 to 13 are minor sons of late Md. Badruzzama @ Eqwal Ahmad, under the guardianship of their mother Bibi Roshan Arra and well wisher & next friend Nos. 6 to 13 are resident of `Sabra Manzil’, Mohalla Dargah, P.S. Sultanganj, District Patna, at present `Baitul Sadaat’ Chhoti Masjid, Kumharar, P.S. Agama Kuan, Lohiyanagar, District Patna. … Opposite Parties 2nd set. 14. Yogendra Singh 15. Sri Rajendra Prasad 14 & 15 are sons of late Gopi Nath Singh, Mohalla Budhdeo Nagar, (Budha Nagar) Dahlampur, P.S. Islampur, District Nalanda at present resident of Nurani bagh Colony, P.S. Alamganj, District Patna. 2 16. Smt. Gyan Mani Devi, wife of Nageshwar Prasad Sharma, resident of village Dariyapur, P.S. Ekangarsarai, District Nalanda. …Opposite parties 3rd set. For the Petitioner : M./s Dhrub Narayan, Sr. Advocate and Devi Das Srivsatava, Advocate. For the Opp. Party : None. -------- 03/ 08.12.2009 Heard learned counsel for the petitioners. 2. This petition has been filed for review of order dated 26.10.2009, by which Civil Revision No.09 of 2008 was disposed of as withdrawn with a direction to learned court below, namely, Civil Judge-II, (Senior Division ), Patna City to dispose of/decide Misc. Case No. 06 of 2006 positively within a period of six months from the date of receipt/production of a copy of that order. It was also directed that for any reason not attributable to the plaintiff-decree holder, if the miscellaneous case proceeds further beyond six months as allowed by this Court, the stay of Execution Case No. 05 of 2003 shall stand automatically vacated. 3. Learned counsel for the petitioners submits that although a period of one and half months has elapsed since the said order, the court of Civil Judge-II (Senior Division), Patna City is still vacant and the miscellaneous case is not being taken up although the petitioner is ready to proceed with the case. 4. In the aforesaid facts and circumstances, this review petition is disposed of with a direction to the learned District Judge, Patna, to see that the aforesaid miscellaneous case is heard by any Judicial Officer of the rank of Civil Judge ( Senior 3 Division), Patna City and disposed of in accordance with law within the time prescribed by this Court. MPS/ ( S.N. Hussain, J. )