RAIN RAJ BHAR Vs. ILLAICHI DEVI

JUDGEMENT

(1.) HEARD learned counsel for the petitioners (plaintiff-decree holders ). No one appears on behalf of the opposite parties in spite of valid service of repeated notices upon them.

(2.) THIS Civil Revision has been filed by the petitioners challenging order dated 23-3-2005, by which the learned subordinate judge-VIII, Siwan, set aside the entire auction proceeding of Execution Case No. 2 of 1989 after condoning the delay in filing of the application for setting aside auction sale.

(3.) THE plaintiffs had filed Partition Suit no. 211 of 1979 (12 of 1985) for partition of their 1/4th share in the suit properties. The said suit was decreed in 26-5-1986, whereafter preliminary decree was prepared, against which the defendants filed F. A. No. 357 of 1986, which is pending in this Court. Subsequently, in 6-2-1989 final decree was prepared by the learned trial Court in the partition suit, which was also challenged by the defendants in First Appeal No. 433 of 1989, which is also pending in this Court. It further transpires that Execution Case No. 2 of 1989 was filed by the plaintiff-decree holders (petitioners) for execution of the aforementioned decree, in which the defendant-judgment-debtors (opposite parties)appeared ad submitted before the executing court that they are going to bring an order of stay from the High Court but in spite of several adjournments, no such stay order was brought, whereafter delivery of possession was effected through the Commissioner.