IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5003 of 2010 SRI BIJAY KUMAR KAPAHI S/O LATE KUNDAN LAL KAPAHI R/O NEW KULHARIA HOUSE, EXHIBITION ROAD, P.S.- GANDHI MAIDAN, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF LAW, GOVT. OF BIHAR, PATNA 2. DR. SHAILENDRA PRATAP SINGH S/O LATE NARBADESHWAR NARAYAN SINGH R/O B/10, HOUSING COLONY, KANKARBAGH, P.S.- KANKARBAGH, DISTT.- PATNA. ---- For the petitioner: Mr. Sadat Ali Khan For the respondent: Mr. Jai Shankar Pathak ----- 2 20.04.2010 Private respondent no. 2 who is the sole plaintiff now has appeared. Heard the parties and with their consent the writ application is being disposed of at this stage itself. The writ petitioner had suffered judgment and decree of eviction and payment of arrears of rent. The suit was filed by the private respondent no. 2 and his mother, who died after the judgment and decree. Suit was filed in the year 1998 and upon suit being filed, an application was made in terms of Section 15 of the Bihar Building (Lease, Rent & Eviction) Control Act and the Court ordered the petitioner to pay arrears of rent from the date of institution of suit and continue to pay the rent regularly on month to month basis at the rate of Rs. 2,400/- per month. Petitioner refused to pay the rent, as 2 directed, and challenged the order before the High Court. The High Court dismissed his application and consequentially his defence was struck off by the Trial Court but still he did not pay the rent as directed and chose to contest the suit. Ultimately, after eight years, on 31st may 2006 the suit was decreed being Title Eviction Suit No. 48 of 1998 by the learned Sub Judge XI. The suit was decreed both on ground of default and personal necessity and decree was accordingly passed. Pursuant to that the said Execution Case No. 1 of 2006 was instituted, which is pending before the learned Sub Judge III, Patna but as the private respondent points out that on some pretext or the other the writ for delivery of possession has not been issued. In the meantime the petitioner filed appeal being Title Appeal No. 86 of 2006, which is pending before the Additional District Judge IV, Patna. In the said appeal, he filed applications for stay, which was rejected as far back as in 2007. It may be recorded that initially status quo was granted which was vacated, but as the respondent submits that in spite of the stay being refused in the year 2007, the respondent 3 has not been able to get the decree executed in last four years. Now again in the year 2010, when apparently some steps are being taken in the Execution Case, petitioner filed another stay application before the appellate court, which is rejected by order dated 22.2.2010. It is against the said order that this writ petition is filed. It is submitted that if no stay is granted then appeal would become infructuous. The first thing I would like to notice is that petitioner’s stay application was rejected for the first time in the year 2007, petitioner took no step to challenge that order. That order has attained finality. However, as petitioner was not evicted in execution of the decree, he filed another application, which has now been rejected. Having heard the parties and considered the matter in the interest of justice, this Court would request the Additional District Judge IV, Patna before whom Title Appeal No. 86 of 2006 is pending to take up the matter for final hearing and disposal immediately and pass final orders within three months from today, 4 whether petitioner, who is the appellant co- operates or not in period of three months from today. Further proceedings in Execution Case No. 01 of 2006 pending before the Court of Sub Judge III shall remain stayed, but, if no order in favour of the appellant is passed by the appellate court within three months from today, the executing court shall proceed forthwith to execute the decree, as if, there has been no order passed by this Court. With these observations and directions the writ petition is disposed of. Praful/ ( Navaniti Prasad Singh, J.)