No. 05 of 2009 which is pending before learned Munsif 1st , Siwan. Earlier in the same case, respondent no. 1 approached this Court in Civil Revision No. 1423 of 2009 challenging the order of learned Munsif 1st , Siwan, whereby the learned trial court ordered for preparation of decree in the light of order dated 15.02.2005. Vide order dated 08.01.2014 passed in Civil Revision No. 1423 of 2009, the learned Single Judge of this Court while dismissing the revision application directed the executing court to execute the decree as early as possible preferably within two months against the petitioner, who is respondent no. 1. Despite specific direction the matter has been dragging before the learned executing court. Learned counsel further submits that the decree-holder filed an application on 25.08.2014 in the executing court stating that the Nazir had been appointed to effect the delivery of possession but he did not effect the delivery of possession, although the decree-holder deposited the requisite fee in the court. Learned counsel further submits that the parties cannot be deprived from the fruits of decree granted by the court and the learned executing court is violating the orders of this Court which amounts to contempt of the court.
