IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1263 of 2008 RAM DAYAL SINGH & ORS Versus BRIJ BIHARI SINGH & ORS ----------- 2 12/8/2008 Heard counsel for the petitioners. In the opinion of this Court, approach of the court below, the executing court in proceeding to execute the decree cannot be faulted, in as much as, it was for the petitioners, appellants to press their stay petition before the appellate court and if they have not done so, the executing court cannot wait endlessly on the ground of mere pendency of the appeal and/or stay petition. This Court, however, has found from the statement made in paragraph no. 7 of this civil revision application that such stay petition in the appeal was filed by the petitioners on 3.4.2006 and the same has remained pending till date. If that be a correct fact, the appellate court is directed to ensure that the order on the stay petition be passed within a period of one month from the date of receipt/production of a copy of this order. Depending on the out-come of the stay petition, the Executing Court shall be at liberty to proceed further in the execution case. With the aforementioned observation this civil revision application is disposed of. ( Mihir Kumar Jha, J. ) Abhay Kumar