APARESH KUMAR SINGH,J. - (1.) Heard learned counsel for the petitioner and respondent nos. 1, 2 and 7 to 10, who are the contesting respondents.
(2.) Petitioner approached this Court being aggrieved by order dated 28.09.2015 passed in Execution Case No. 07-158/2012 pending in the Court of learned Civil Judge, (Sr. Division)-VI, Jamshedpur wherein its application under Order 21, Rule 26 for stay of the execution was rejected.
(3.) Petitioner contends that Miscellaneous Case No. 21 of 2013 preferred under Order 9, Rule 13 was pending before the Court of learned Civil Judge, (Sr. Division)-I, Jamshedpur. On 01.08.2016, upon consideration of the case of the petitioner, notices were issued upon the respondent nos. 1 to 10 under registered covered with A/D as well as through ordinary process as well. However, in the meantime further proceedings in Execution Case no. 07-158/2012 were stayed. The matter was thereafter taken up on 02.02.2017 on I.A. No. 5306 of 2016 seeking vacation of stay and thereafter on 09.02.2017, following order was recorded:- "Learned counsel for the respondent nos. 1, 2 and 7 to 10, who are contesting the Miscellaneous Case No. 21 of 2013 submits that evidence on their behalf is to be led in the Miscellaneous Case. Petitioner herein has preferred Miscellaneous Case seeking to set aside ex-parte order passed in Title Partition Suit No. 15/2000, where preliminary decree was prepared on 03.07.2002 and final decree was prepared on 17.05.2002. The Execution Case No. 7-158 of 2012 from which the impugned order arises is pending since 2012. Earlier Execution Case No. 97 of 2002 preferred by the contesting respondents-decree holder was dismissed for default on 04.01.2006. Counsel for the contesting respondents Mr. Indrajit Sinha, submits that six weeks' time may be required to conclude their evidence. However, having regard to the fact that the matter is pending since 2013, contesting respondents should endeavour to conclude their evidence in Miscellaneous Case No. 21 of 2013 within a period of four weeks from today. Let the Court of Civil Judge, Sr. Division, Jamshedpur send the status report after conclusion of the period of four weeks. List this case on 16.03.2017 under the same heading as an unfixed case. Interim order dated 01.08.2016 shall continue till the next date.";