IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No. 131 of 2007 Khedan Mahato and Ors. Appellants(s) Versus State of Bihar (now Jharkhand) and Ors. Respondent(s). --- CORAM: HON’BLE MR. JUSTICE P.P.BHATT --- For the appellant(s) : M/s V. Shivnath, Sr. Adv., Niraj Kishore and Birendra Kumar , Advs. For the respondent(s) : M/s A.K. Mehta and Arun Kumar. --- Order No.12 Dated 03 rd September, 2012. I. A. No. 2653 of 2011 The present interlocutory application has been filed under Order 41 Rule 5 of the C.P.C. praying therein to stay the further proceeding of Execution Case No. 6/2009, pending in the Court of L.A. Judge, Dhanbad during the pendency of the instant first appeal. Learned counsel for the appellants pointed out that the applicants have filed one application, which is Annexure-3 to this I.A., under Order 21 Rule 5(2) of the CPC before the Executing Court praying therein for staying of the execution proceeding but the said application is still pending before the Executing Court and no order has been passed. Learned counsel for the applicants states that the next date of of hearing of this case has been fixed by the court below is 7.9.2012. Therefore, the court below is directed to deal with and decide the said application in accordance with law after hearing the learned counsel for the parties on its on merit within a period of one months from the date of receipt/production of a copy of this order. Let a copy of this order be given to the learned counsel appearing on behalf of the parties. Learned counsel appearing on behalf of respondent Nos. 5 and 6 states that he will not insist for disbursement of amount till the application made by the applicants under order 21 Rule 5(2) CPC is decided by the Court below. Accordingly, I.A. No. 2653/2011 stands disposed of. I.A. No. 560 of 2008 This interlocutory application has been filed with a prayer to implead it as party respondent No. 7 under Order 1 Rule 10 r/w Section 151 CPC by M/s Bharat Coking Coalfields Limited (BCCL), Dhanbad, for whose benefits, the land is acquired. For the reasons stated in this application, the same is allowed. Let M/s BCCL, Dhanbad be added as party respondent No. 7. Necessary amendment be carried out in the cause title of this first appeal, accordingly. Learned counsel for the applicants shall supply a copy of the memo of appeal to the learned counsel, appearing on behalf of M/s BCCL, Dhanbad. Accordingly, I.A. No. 560 of 2008 stands disposed of. Anu/- (P.P. Bhatt, J.)