1 IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.283 of 2007 SHEKH KHURSHID ALAM @ KHURSHID Versus SHANTI DEVI & ORS ----------- 1. Shekh Khurshid Alama @ Khurshid Alam 2. Shekh Tanweer Alam @ Tanweer Alam 3. Shekh Tauqeer Alam @ Tanweer Alam 4. Shekh Chand Alam @ Chand Alam All sons of late Mahmood Alam, resident of Mohalla Nuranganj, P.O. P.S. Sasaram, District Rohtas. …Plaintiffs-Respondents-Decree holders-Petitioners versus 1. Shanti Devi, wife of late Manik Chand 2. Santosh Kumar 3. Anil Kumar 4. Ashok Kumar 5. Pankaj Kumar Sons of late Manik Chand, residents of village Moradabad, P.O. Sasaram, District Rohtas, at present Mohalla Choukhandi, P.O. And P.S. Sasaram, District Rohtas. 6. Laxmina Devi, wife of Kedar Prasad 7. Kedar Prasad Gupta 8. Harihar Prasad Gupta Both sons of late Chander Sah 9. Manoj Prasad Gupta, son of Harihar Prasad 10. Urmila Devi wife of Harihar Prasad All residents of village Dhelabad, P.O. and P.S. Sasaram, District Rohtas, at present Mohalla Choukhandi, P.O. and P S. Sasaram, District Rohtas. .Defendants-Appellants-Judgment Debtors-Opp. Parties 1st set 11. Sogars Bibi wife of late Maula Bux 12. Mansoor Ahmad 13. Imam Asagar Both sons of late Maula Bux 14. Imam Akhtar 15. Sarwari Begum wife of late Majoor Alam 16. Jamshed Alam & Guddu 17. Irsad Alam 18. Gufran Alam Sons of late Majoor Alam 19. Saista 20. Jabin 21. Rubi 22. Putun 23. Baby Daughters of late Majoor Alam 24. Musharat Jhan @ Bunni, D/o late Maula Bux. 25. Najli daughter of Anwari Khatoon , daughter of late Maula Bux Residents of Jakki Shaheed, Sasaram, District Rohtas ..Defendants-Respondents-Judgment Debtors-Opp. Parties 2nd set. 2 26. Mahmood Khanam, wife of late Maulvi Jaheer Ahmad 27. Kasim Ahmad Khan 28. Ulasin Ahmad Khan Sons of late Maulvi Jaheeer Ahmad Khan 29. Sursiya Khanam, wife of Diwan Asagar Hussain Khan 30. Sakila Khanam, wife of Md.. Muslim Khan 31. Hafisa Khanam, wife of Md. Niswan Khan 32. Rasda Ased Khanam wife of Hasim Ahmad Khan 33. Tasnim Ahmad Khan 34. Tahsin Ahmad Khan Sons of late Hasim Ahmad 35. Matin Ahmad Khan 36. Amik Ahmad Khan Sons and daughters of late Nasim Ahmad Khan. 37. Sagufta Hasim Khanam 38. Faujle Hasim Khanam 39. Ujma Hasim Khanam 40. Erun Hasim Khanam All residents of Mohalla Chaukhandi, P.O. and P.S. Sasaram, District Rohtas. .. Defendants-Respondents-Debtor Debntor-Opp. Parties 3rd set. .------ For the Petitioners : Mr. Ashok Kumar Mishra, Advocate For the Opp.Parties : None. ------ . 02/ 13.07.2009 Heard learned counsel for the petitioners. 2. This civil revision has been filed by the plaintiffs- decree-holder-petitioners challenging order dated 22.11.2006, by which the learned Munsif-I, Sasaram stayed further proceeding of Execution Case No. 04 of 2005. 3. This matter arises out of Title Suit No.61 of 1998, which was filed by the petitioners for declaration of their title and also for removal of encroachment as well as other ancillary reliefs. The said suit was decreed by the learned trial court by its judgment and decree dated 26.04.2005, against which the defendants filed Title Appeal No. 39 of 2005, which is pending before the learned Additional District Judge-I, Rohtas. 4. It further transpires that for execution of the 3 decree of the trial court, the plaintiffs had filed Execution Case No.04 of 2005, which is pending before the learned Munsif-I, Sasaram. It also transpires that in the aforesaid title appeal, the defendants-appellants filed an application for stay of further proceeding of the execution case and the learned lower appellate court, vide order dated 29.05.2006, ordered for stay of the further proceeding of the said execution case observing that if the appeal was not taken up within four months, the plaintiffs- respondents would be at liberty to move the appellate court either for early hearing of the title appeal or for vacation of the order of stay. 5. It is stated by learned counsel for the petitioners that although they had filed an application for vacating the order of stay in the lower appellate court but the said application has not yet been disposed of. In the said circumstances, learned counsel for the petitioners submits that the execution case is still not taken up due to the said order of stay of the appellate court. 6. Considering the facts and circumstances of the case and also finding that since no jurisdictional error is committed in the impugned order of the executing court, this civil revision is disposed of with a direction to the learned Additional District Judge-I, Rohtas to immediately start hearing of the title appeal and decide it expeditiously preferably within a period of nine months from the date of receipt/production of a copy of this order. MPS/ ( S. N. Hussain, J. ) 4