IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.285 of 2005
JANARDHAN SAH & ORS
Versus
BIRENDRA KUMAR KEJRIWAL & ANR
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05/ 15.07.2008 This second appeal arises out of Eviction Suit No. 05 of
1996 which was filed by the plaintiff-respondent-respondent for
eviction of the defendants-appellants-appellants on the ground of
default and both the learned courts below arrived at concurrent
finding of facts regarding relationship of landlord and tenant between
the parties as well as default in the payment of rent by the defendants-
appellants.
2. This case is running on the daily cause list since more than
the last three weeks and realizing the frivolous nature of the instant
second appeal, the appellants have been seeking adjournments and
pass overs for the day time and again although learned counsel for the
respondent has been regularly present on every date. Only in the last
week thrice pass overs were sought by the appellants and thus it
appears that this is nothing but a dilatory attitude of the appellants,
after obtaining an order of stay of the execution proceeding from the
Registrar General on 01.12.2005. This attitude must be deprecated.
3. However, today learned counsel for the appellants has
absented himself although learned counsel for the respondent is
present. In the said circumstances this second appeal is dismissed for
non-prosecution and the order of stay granted by the Registrar
General on 01.12.2005 is vacated.
4. In the aforesaid facts and circumstances, learned Munsif,
2
Naugachia, before whom Execution Case No. 02 of 2004 is pending
for execution of the impugned judgment and decree, is directed to
expedite the proceeding of the said execution case in accordance with
the impugned judgment and decree of the court below without giving
any undue adjournment to any of the parties.
5. Office is directed to send this order immediately to the
learned court below through fax, if the cost of fax is deposited by
learned counsel for the respondent by tomorrow.
harish/ (S.N.Hussain, J.)