JUDGMENT

Brijesh Kumar, J.-Leave granted.

2. Heard learned counsel for the parties.

3. While issuing notice on 28.9.2001, this Court passed the following order:

"Issue notice limited to the question as to why the petitioner should not be allowed to pursue at least one of the two remedies either to proceed with application under Order XXI rule 97 C.P.C. or with civil suit. Until further orders the petitioner shall not be removed from possession in execution of decree.

4. The brief facts of the case are that the respondent Bibi Haliman and others had filed a title suit No. 8 of 1983 for eviction of the defendants. The suit relates to holding No. 116 (old)/182 (New) situated in ward No. 2 of Giridhih Municipality. The suit was decreed in favour of Bibi Hadiman in pursuance whereof the defendants were to handover the possession of suit property to the plaintiff. The decree holder Bibi Hailman and others filed an execution case No. 12 of 1984 for obtaining the possession of the premises indicated above. It is said that according to the report of the Nazir dated 26.7.1992, the Judgment debtors No. 1 to 6 had vacated the suit premises but Judgment debtor No. 7 Siwaitulla son of Kahamatul