JUDGMENT
Gurusharan Sharma, J.
1. Title Suit No. 7 of 1997 was filed for permanent injunction restraining the Divisional Forest Officer, Dhanbad and his subordinate staff from creating any trouble or disturbance in plaintiffs peaceful possession over the suit land bearing plot No. 370, having an area of 45.50 acres, situated in village-Kamaldih and initiating any kind of case, prejudicial to the plaintiffs interest.
2. The suit was decreed on 23.1.1999 and thereby defendant No. 4 and his subordinate staff were restrained by an order of permanent injunction to the aforesaid effect.
3. Defendant No. 4 preferred Title Ap-peal No. 14 of 1999 before the District Judge, Bokaro at Chas, which was fixed for admission on 12.4.1999.
4. In the said appeal, on 7.4.1999 appellant filed two petitions, one for preparing date of admission of the appeal and another for staying operation of the Judgment and decree under appeal.
5. By order dated 7.4.1999. the date fixed for admission of the appeal on 12.4.1999 was preponed and it was admitted and although there was no occasion of execution, but execution of the impugned, decree was also stayed till disposal of the appeal and next date in the appeal was fixed on 29.4.1999.
6. Plaintiff-respondent thereafter appeared in the appeal and filed petition to vacate the aforesaid stay order dated 7.4.1999. At the instance of the respondent the next date fixed in the appeal on 29.4.1994 was
preponed and on 17.4.1999 petition to vacate order of stay dated 7.4.1999 was rejected.
7. It appears that on 10.9.1999 parties were heard and by impugned order dated 17.9.1999. the Court of appeal below was pleased to reject the appellants prayer to stay operation of the impugned judgment dated 23.1.1999 at this stage before final hearing of the appeal and fixed the appeal for hearing. Consequently, earlier ex parte stay order dated 7.4.1999 stood vacated and order dated 17.4.1999 was also recalled.
8. I find no reason to interfere with the impugned order dated 17.9.1999. This revision application is disposed of with a direction to the Court of appeal below to dispose of Title Appeal No. 14 of 1999 at the earliest. Parties herein undertake to co-operate in its smooth disposal.
9. Lower Court records may be sent down by special messenger, on the cost deposited by the opposite party within a week.
10. Revision application disposed of.