IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.242 of 2009
RAVI ATAL & ANR
Versus
SMT.GANGA DEVI
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10/ 21.04.2011 I.A. No.1826 of 2011
In compliance of order dated 01.04.2011,
an affidavit has been filed on behalf of the
petitioners on 13.04.2011 stating therein that all the
directions issued by this Court by the aforesaid
order dated 01.04.2011 have been complied with.
Though, a counter affidavit has been filed
by the sole opposite party, but assertions made on
behalf of the petitioners in the said affidavit have not
been disputed. Now, only grievance of the opposite
party is that the present Civil Revision application
arises out of eviction suit, which was filed in the year
1997, and it has not been listed for final hearing.
Therefore, in the submission of learned counsel for
the opposite party, matter is required to be heard
and disposed of at an early date.
Apparently, the present Civil Revision
application has been admitted for final hearing by an
order dated 31.07.2009. The order passed by this
Court on 01.04.2011 has been complied with by the
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petitioners. In that view of the matter, the further
proceeding in Execution Case No. 4 of 2009
pending in the court of learned IIIrd Munsif, Patna
shall remain stayed during the pendency of the
present Civil Revision application.
However, in view of the nature of dispute
involved in the present proceeding, arising out of a
suit for eviction on the ground of personal necessity,
this Court deems it fit and proper that the matter
should be ordered to be listed under the heading for
hearing at an early date. It is ordered accordingly.
Let the Civil Revision application be listed
for final hearing in the week commencing on 16th
May 2011 amongst top five cases.
However, it is clarified that the petitioners
shall keep on depositing the monthly rent in
advance by 7th of each month, through a challan
before the learned executing court, and the opposite
party shall be at liberty to withdraw the said amount,
after having obtained an order passed by the
learned executing court.
( Birendra Prasad Verma, J.)
Anjani/