CHANDESHWAR PRASAD Vs. SUMITRA DEVI

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS civil revision has been filed by the plaintiffs-decree holders against order dated 27-4-2002 passed in Title Appeal No. 77/2001, by which the learned Additional District Judge III, Patna has stayed further proceedings of Execution Case No. 4/2001, pending in the court of Subordinate Judge II, Danapur for execution of the final decree dated 4-7-2001 passed in Title Partition Suit No. 176/1979, till disposal of the said appeal.

(3.) PARTITION Suit No. 176 of 1979 was filed by the petitioners for partition of their share in the suit properties. The said suit was decreed and preliminary decree was passed on 30-9-1985, against which several first appeals were filed by the defendants, which were dismissed in the year 1996, whereafter the L. P. A. filed against the said judgment was also dismissed on 30-6-1998. Hence the preliminary decree attained finality.