IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1772 of 2009 SUSHMA JHA Versus THE STATE OF BIHAR & ORS ----------- 2. 4.2.2009 Heard Mr. Shivaji Pandey, learned counsel for the petitioner and J.C. to G.A.I for the State. This Court would find that there is a piquant situation created by the executing court, inasmuch as even when a decree for eviction in an eviction suit on the ground of personal necessity has been passed as far back as on 17.8.2006 and an execution case is pending, Execution Case No. 9/2006 before the Sub Judge IV, Patna, the court has either knowingly or unknowingly not taken the required steps for effecting delivery of possession. The facts as mentioned in this writ application would only go to show that there is total inaction on the part of Sub Judge IV, Patna in effecting delivery of possession. That being so, this Court direct the court in seisin of Execution Case No. 9/2006 to ensure that the decree dated 17.8.2006, if it has not been stayed or set aside till date, must be executed by 2 effecting actual delivery of possession to the petitioner within a period of three months from the date of receipt/ production of a copy of this order. This application is accordingly disposed of. (Mihir Kumar Jha,J.) Surendra/