IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1723 of 2008 LAKHINDRA PASWAN & ORS Versus GAURI KANT JHA & ORS ----------- 2 21.10.2008 Heard counsel for the petitioners. In the opinion of this Court the impugned order passed in an appeal of the year, 1999 rejecting a prayer made in the month of February, 2008 to stay the execution case which was levied way back in the year 1999, does not suffer from any jurisdictional error. This is so because the petitioner has successfully stalled of the execution proceedings for good nine years by keeping the appeal pending and his earlier application for seeking stay of the execution case after full hearing of the parties on 14.11.2003 was dismissed whereafter another application was filed on 5.12. 2003 which was again dismissed and thereafter the third application of the petitioner for the same relief was considered and rejected by the impugned order. Counsel for the petitioner would submit that the suit premises is a residential house in which the petitioners are residing. This Court would find that a decree passed in the year, 1999 has been sought to be resisted on the ground of pendency of the appeal and the execution case is also kept pending for the purposes of - 2 - disposal of the appeal. This Court does not find any reason as to why the appeal itself of the year 1999 should have been kept pending for such a long period. The hearing of the appeal definitely could have been expedited by the Appellate Court instead of successive hearing of stay matter, on different occasions which could have easily disposed of the appeal itself on merit . That being so, this Court would direct the Court below to dispose of the appeal within a period of six months from today and the execution proceedings shall remain stayed only for this six months. If the appeal is dismissed the execution proceeding shall not only proceed but would be completed in all respect in next three months. With the aforementioned observations and directions this Civil Revision application is disposed of. Bibhash (Mihir Kumar Jha, J.)