1. Both the matters are connected one and as such they have been heard together and are being disposed of by this common order.

2. Civil Revision No. 1190 of 2002 has been filed by the defendant/petitioner in the suit for partition against the order dated 6.8.2002 passed by the Subordinate Judge, 1st, Biharsharif in Execution Case No. 8 of 2000 rejecting his petition challenging the maintainability of the execution case.

3. Civil Revision No. 720 of 2003 has been filed by the plaintiffs/decree holders against the order dated 6.5.2003 passed by the Subordinate Judge, 1st, Biharsharif in Misc. Case No. 5 of 2003 whereby the Court below has directed for stay of the further proceeding in execution case pending in the Court of Subordinate Judge, 1st, Biharsharif till disposal of the objection raised by the objector/opposite party under order XXI, Rule 97 of the Code of Civil Procedure.

4. The factual matrix for disposal of the present application are that the plaintiff/opposite party filed a suit for partition against the defendant including Arjun Mistry who is the petitioner of Civil Revision No. 1190 of 2002. That suit was decreed on 27.5.1978 by passing a preliminary decree a