IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.41 of 2009 RAM BABU RAI Versus RAGHUBANSH PRASAD YADAV & ORS ----------- 2. 16.1.2009 Heard counsel for the petitioner. While there would be nothing much for this Court to decide in this case, inasmuch as 50 years have already rolled down in finalization of a partition suit filed way back in the year 1959 but then if the hopes have been created by the court themselves by keeping a miscellaneous case, filed by the petitioner for setting aside an ex-parte decree for the last nine years, the interest of justice would be better subserved if the said miscellaneous case No. 22/2000 is disposed of expeditiously and till disposal of such miscellaneous case the decree is not executed. Mr. Keshav Srivastava, learned Senior counsel appearing on behalf of the petitioner, undertakes that the petitioner will not cause any impediment in expeditious disposal of the said miscellaneous case and in fact as four witnesses have already been examined, remaining evidence would be completed in a period of next one month so 2 as to enable the court to pass the order within a period of three months from the date of receipt/ production of a copy of this order. The aforementioned undertaking on the part of the petitioner to be his sacrosanct pledge, this Court would give him indulgence for a further period of three months only, whereafter in the event of his failure in the miscellaneous case he must voluntarily give the possession of the premises in question, failing which the executing court will be at liberty to get the decree executed by any coercive mode. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/