1. After this writ petition was admitted for hearing and an order of ‘status quo’ was passed on 12.11.2008, no step has been taken by the petitioners for early hearing of the writ petition.

2. A copy of plaint of Title Suit No. 267 of 2003 is tendered in the Court.

3. Taken on record.

4. Petitioners are aggrieved of order dated 12.03.2007 passed in Title Suit No. 267 of 2003, by which the suit has been held not maintainable.

5. Briefly stated, Title Suit No. 181 of 1998 was instituted for specific performance of agreement dated 08.07.1998 executed by Prabhawati Pal in favour of the plaintiff. Suit was decreed vide judgment dated 19.08.2002 and the decree-holder thereafter initiated Execution Case No. 12 of 2002. In the execution case, the petitioners preferred an application under Order XXI Rule 97 r/w Rule 98 CPC claiming that Title Suit No. 162 of 1980 filed against the plaintiff of Title Suit No. 181 of 1988, for a declaration of their right, title and interest in respect of 10 decimals land out of 0.35 acres lands in R.S. Khata No. 70, Plot No. 985 in village-Hinoo, Ranchi was decreed in favour of their father/grand-father. They have pleaded that the schedule property und