IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.707 of 2007 Dr.Birendra Kumar Upadhyay & Ors. Versus Ram Kumar Pandey & Ors with C.R. No.685 of 2007 Dr.Birendra Kumar Upadhyay & Ors. Versus Ram Kumar Pandey & Ors. For petitioner: Shashi Shekhar Dwivedi, Sr.Advocate. For Opp.Parties: Alok Kumar Alok’,Adv. For Minor O.P.No.2(b),2(c), 2(d):Mr. Nityanand Mishra, Adv. ----------- 11. 16.11.2011 Heard the learned senior counsel appearing on behalf of the petitioners as well as learned counsel appearing on behalf of the opposite parties. This civil revision application has been filed against the order by which the court below has allowed the prayer of the opposite parties for setting aside the ex parte decree passed against them. Both the learned counsels appearing for the parties have fairly conceded to the legal position that the dispute with regard to the properties should be decided as far as possible after contest and not by default or in ex parte manner. However, the learned counsel appearing on behalf of the petitioners has submitted that much harassment has been caused to the petitioners who have to incur expenses also due to inaction/negligence on the 2 part of the opposite parties and appropriate cost should be allowed to compensate the petitioners. In view of the facts stated and the stand taken by the learned counsel, this revision application is disposed of with direction to the court below to dispose of Title Suit No.10/90 expeditiously and preferably within six months from the date of the receipt of this order. However, this direction will be subject to payment of altogether Rs. 20,000/- by way of cost to be paid by the opp. parties to the petitioners by tomorrow. As agreed, the amount of cost shall be paid to the learned counsel appearing on behalf of the petitioners who shall grant receipt for the same to the learned counsel for the opp.parties. The parties have also agreed before this Court that they will not take unnecessary adjournments and will cooperate in the disposal of the suit within the time frame as stated above. This revision application is disposed of with aforesaid direction. Nitesh ( V. Nath, J.)