IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.529 of 2009 BINOY KUMAR SINGH, SON OF LATE UMESH PRASAD SINGH, JANTA KIRANA STORE, H. NO. 179, M.P. DWIVEDI ROAD KHALI FABAGH, P.O. – MAIN POST OFFICE (HEAD POST OFFICE), P.S. – KOTWALI, DISTRICT –BHAGALPUR ....................DEFENDANT ........... APPELLANT............... PETITIONER Versus SMT.KAILASHI DEVI, WIFE OF LATE BADRI PRASAD SINGHANIA, RESIDENT OF D.N. SINGH ROAD SUJAGANJ, P.O.- SUJAGANJ BAZAR, P.S. – KOTWALI, TOWN AND DISTRICT OF BHAGALPUR .............. PLAINTIFF................RESPONDENT..............OPP. PARTY ----------- 2 01.04.2009 This revision application has been filed by the appellant against the order dated 12.02.2009 passed by the Additional District Judge (Fast Track Court No. III) Bhagalpur in Title Appeal No. 7 of 2001 by which the petition of the petitioner under Order 41, Rule 5 read with Section 151 of the Code of Civil Procedure has been rejected. Learned court below has found that the appellant is not interested in early disposal of the appeal and intends just to delay the matter. Considering the facts and circumstances and the impugned order, this Court directs the appellant-petitioner to file a petition in the appellate court giving specific date for commencement of arguments on his behalf, which shall not be beyond one week from the date of filing of the petition, and for conclusion of the same in continuation for disposal of the - 2 - appeal on an early date. If such a petition is filed by the appellant-petitioner in the appellate court, the appellate court shall consider the same by staying delivery of possession in the matter for specific time limit. In case the arguments on behalf of the appellant-petitioner does not commence on the date indicated in the petition, the appellate court shall be at liberty to vacate the stay order and proceed ex parte and dispose of the appeal within shortest possible time. With the above observations and directions, the revision application is disposed of. Let this order be sent to the appellate court through FAX at the cost of the petitioner. Kundan (J. N. Singh, J.)