Patna High Court

Ranjan Kumar @ Ranjan Kumar AgrawalversusThe State of Bihar

Decided: 29 January 2026
Disposal: DISPOSED
Bench: S B P SINGH

Holding

The execution court may proceed with execution of the decree unless a stay is obtained from an appellate court.

Summary

The petitioner, Ranjan Kumar, filed a civil miscellaneous application seeking the expeditious disposal of Execution Case No. 01 of 2022, in which a judgment and decree were passed on 2 August 2021 and 13 August 2021 respectively. The petitioner requested that the execution court be directed to take steps for execution if the case was not stayed by any appellate court. The court examined the request and found no legal impediment to proceeding with the execution. Accordingly, the court ordered that the execution court may proceed with the execution of the decree unless a stay is obtained from a higher court. The application was consequently disposed of by the court.

Issues considered

Whether the execution court should be directed to proceed with execution of the decree in the absence of a stay by any appellate court

Subjects

execution of decree
civil miscellaneous application
expeditious disposal
stay of execution
high court order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CIVIL MISCELLANEOUS JURISDICTION No.29 of 2026
                 ======================================================
                 Ranjan Kumar @ Ranjan Kumar Agrawal Son of Shri Dhruva Bihari Agrawal
                 @ Shri Dhrub Bihari Agrawal Proprietor S.K. offset Printers, G.T. Road
                 (Company Sarai), Sasaram, P.O. and P.S.- Sasaram, District- Rohtas, 821115.
                                                                             ... ... Petitioner/s
                                                    Versus
            1.    The State of Bihar through Collector, Rohtas at Sasaram.
            2.   The Collector, Rohtas.
            3.   The Deputy Development Commissioner, Rohtas.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Dineshwar Pandey
                 For the Respondent/s   :       Mr.Government Pleader (20)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   29-01-2026                 The instant Civil Miscellaneous application has been

                   filed for expeditious disposal of Execution Case No. 01 of 2022

                   in which judgment and decree was passed on 02.08.2021 and

                   13.08.2021 respectively.

                               2. Learned Execution Court is requested to take steps

                   for expeditious disposal of Execution Case No. 01 of 2022 if it

                   is not stayed by any Appellate Court.

                               3. Accordingly, with the aforesaid direction, the

                   instant application stands disposed of.



                                             (S. B. Pd. Singh, J)
Ankit Kumar/-

U

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