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1996 Supreme(SC) 255

G.B.PATTANAIK, K.RAMASWAMY
Sabitri Dei – Appellant
Versus
Sarat Chandra Rout – Respondent


JUDGMENT

Leave granted.

2. This appeal is directed against the Judgment of the Orissa High Court dated 19th April, 1993 in Civil Revision No. 403 of 1987 arising out of a petition filed under Section 47 of the Code of Civil Procedure in Execution Case No.110 of 1981. The judgment debtor is the appellant in this Court. The deceased Jai Rout had filed a suit for recovery of possession in the Court of Munsif, Cuttack which was registered as Title Suit No. 243 of 1953, the same suit was decreed on 30th March, 1965. The decree became final in as much as the appeal against decree was dismissed on the ground of abatement and the said order of abatement was also sustained in Civil Revision No. 252 of 1974 by the order of the High Court dated 15th October, 1976. In the meantime the suit property which is admittedly an intermediary estates stood vested with State of Orissa by virtue of a notification dated 27th April, 1963 under Section 3(1) of the Orissa Estate Abolition Act (hereinafter referred to as the Act ). The plaintiff-decree holder deceased Rai Rout levied execution by filing an application which was registered as Execution Case No. 110 of 1981. The judgment debtor filed an object










































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