IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3223 of 2009 1. Vijaya Nand Mishra @ V.N. Mishra 2. Shio Kumar Mishra (since deceased) 3. Prem Narain Mishra, all sons of late Awadesh Mishra, resident of Kolhu Arwa, Ward No.1, P.S. Motihari Town, Motihari, District-East Champaran. 4. Kapileshwar Kumar Mishra, son of late Sheo Kumar Mishra, resident of Kolhu Arwa, Ward No.1, P.S. Motihari Town, District-East Champaran. 5. Mamta Mishra, D/O late Sheo Kumar Mishra, wife of Chandra Mohan Mishra, resident of Village & P.O. Phakuli, P.S. Gudri, District- Saran ----- Petitioners ---Petitioners. Versus 1. Most. Savitri Devi, daughter of late Brij Mohan Prasad Jaiswal. 2. Manoj Kumar Jaiswal @ Papu Babu 3. Raju Kumar Jaiswal @ Ragho Babu, sons of late Brij Mohan Prasad Jaiswal 4. Puspa Jaiswal, wife of Dayanandan Prasad 5. Anita Jaiswal, wife of Ashok Kumar 6. Sangeeta Kumari, all daughters of late Brij Mohan Prasad Jaiswal. All residents of Mohalla-Mishkanh Motihari, P.S. Motihari Town, District- East Champaran. 7. Jagdish Prasad Jaiswal, son of late Lal Babu Prasad Sah, resident of Mohalla-Bajan Patti, Motihari, P.S. & P.O Motihari Town, District- East Champaran. 8. Anuradha Debi, wife of Satya Murti Prasad, D/O late Kartik Prasad. 9. Harendra Kumar 10. Narendra Kumar 11. Sachindra Kumar, all sons of late Kartik Prasad Jaiswal, all residents of Mohalla-Sisknath, Motihari, P.S. & P.O.- Motihari Town, District- East Champaran. 12. Geeta Debi, wife of Binod Prasad Jaiswal, D/O late Someshwar Prasad Sah, resident of Mohalla Pakri Bahar, Motihari, P.S. Motihari, District-East Champaran. 13. Gayetri Kumari, D/O late Someshwar Prasad Sah, resident of Panch Mandir, Motihari, P.S. Motihari, District- East Champaran ---- Defendant Ist Set ---- Opp. Parties Ist Set. 2 14. Parmeshwar Nath Jaiswal, son of late Raghu Nath Prasad Sah, resident of Mohalla-Thakurbari Motihari, Police Station-Motihari, District-East Champaran --- Defendant 2nd Set ---Opp.Party 2nd set. 15. Late Kanhaiya Prasad Jaiswal (died on 10.11.92), son of late Sita Prasad Sah. 16. Late Mostt. Kaushalya Debi (died on 25.1.94) widow of late Sita Prasad Sah, resident of Mohalla Miskanth Motihari, P.S. & P.O. Motihari Town, District- East Champaran ----- Deceased plaintiff ---- Opposite parties. ------------ 2. 3.11.2010 Heard learned counsel for the petitioners, and Mr. Sunil Kumar No.3 for opposite party no.14. In view of the statements made in this application and the submissions made in support thereof, the order dated 17.9.2009, passed in Civil Revision No.682 of 1998, is hereby recalled. The civil revision application is restored to its original file subject to payment of Rs.1,000/- to be paid to Mr. Sunil Kumar No.3, learned counsel for opposite party no.14, within a period of one week, failing which this application shall stand rejected without further reference to the Bench. However, the second paragraph of the order reads as follows and remains intact: “It goes without saying that the order passed by this Court on 4.1.1999 staying further proceedings in Title Partition Suit No. 293 of 1984, pending in the court of learned Subordinate Judge, Motihari automatically stands vacated.” In that view of the matter, learned trial court is directed to dispose of the suit expeditiously. 3 In view of the position that the civil revision application is of the year 1998, and has for a major period prevented disposal of the main matter before learned trial court, and also in view of the aforesaid direction vacating the stay order, it is expedient that the civil revision application is disposed of most expeditiously. Let it be placed before Hon’ble the Chief Justice for appropriate directions. This application is accordingly disposed of. Vinay/ ( S. K. Katriar,J. ) (Shyam Kishore Sharma,J.)