D. P. MOHAPATRA, J.

( 1 ) THE question that falls for determination in this case is whether on the facts and in the circumstances of the case the executing Court can refuse to execute the decree holding that it is a nullity and it has become inexecutable.

( 2 ) BEING unsuccessful in their attempt to challenge the validity and executability of the decree under execution, the petitioners filed this application under S. 115 of the Civil Procedure Code ('c. P. C. ' for short) assailing the order dated 12-4-89 of the Subordinate Judge, Bhadrak in Misc. Case No. 45 of 1987 rejecting the application filed by them under S. 47, C. P. C.

( 3 ) THE relevant facts leading to the present proceeding may be stated thus : Original Suit No. 63-I of 1971 was filed by the opposite party, Lalit Bihari Mohanty, against Parbati Bewa, Aparti Jana, Kartika Jena and some other for declaration of title and for recovery of possession of Ac. 0. 10 decimals of land out of plot No. 406 under C. S. Khata No. 12 of Mouza Jagannathpur, on which, as stated by the petitioners, their residential house stands. The suit was decreed ex parte on 16-4-76 and the defendants were directed to be evicted from the suit land.