BRAJ BHUSHAN SINGH Vs. DWARIKA RAM AND ORS.

JUDGEMENT

(1.) The petitioner again approached this Court seeking a direction upon the Court below for disposal of Misc. Appeal No. 5 of 2007 which arose out of Execution Case No. 1 of 1988.

(2.) It appears that the plaintiff-petitioner obtained decree for specific performance of contract in Title Suit No. 57 of 1985. The suit was decreed and first appeal being F.A. No. 53 of 1988(R) was filed which was dismissed by this Court on 8.12.1994. The respondents then filed Letter Patent Appeal being L.P.A. No. 5 of 1995(R), which was dismissed as abated. Thereafter, so many petitions were filed on behalf of different claimants for their substitution in place of the deceased respondents and, the matter fought up to Supreme Court where all such claims were dismissed. In the meantime, decree was put in Execution Case No. 1 of 1988. Again some objection was filed in the Executing Court and the same was pending for hearing before the additional District Judge-1, Giridih in Misc. Appeal No. 5 of 2007 when the Misc. Appeal was not disposed of and the decree was not executed, petitioner moved this Court by filing W.P.C. No. 5353 of 2007 seeking appropriate direction upon the Courts below. The said writ petition was disposed of on 3.1.2008 by passing the following order :

(3.) Learned counsel for the petitioner submitted that till date appeal has not been disposed of by the Additional District Judge-I, Giridih. In this connection, learned counsel brought before me a certified copy of order dated 6.8.2008 which shows that Misc. Appeal No. 5 of 2007 is still pending and the Additional District Judge-I, Giridih has been granting adjournment.