Md. Murtaza v. Ahmad Hussain

Patna High Court C.Misc. No.525 of 2018 (2) dt.08-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.525 of 2018 ====================================================== Md. Murtaza & Ors .... .... Petitioner/s

Versus

Ahmad Hussain & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Md. Ataul Haque For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-05-2018 Heard learned counsel for the petitioners.

The petitioners filed this civil miscellaneous petition against the order dated 30.01.2018 passed in Title Suit No.89 of 1970/188 of 1974 by which the petition of the petitioners who are opposite party Nos.7, 8 and 9 in the final decree proceeding has been dismissed.

The learned counsel for the petitioners submits that the Special Leave to Appeal petition is pending before the Supreme Court, therefore, during the pendency of the Special Leave petition, the preparation of final decree be stayed. I find no reason to stay the final decree. The judgment debtor has lost the case in all courts. The final decree is to be prepared as the case is very old.

Therefore, I do not find any illegality in the order. Accordingly, this civil miscellaneous petition is dismissed. Saurabh/- (Prabhat Kumar Jha, J) U