The valuation of a Civil Revision challenging an order passed in an execution proceeding is the same as the valuation of the original suit.

A. K. PADHI, J.

( 1 ) JUDGMENT-DEBTORS of Q. S. No. 14 of 1986-I are the petitioners. Civil Revision has been filed challenging the order dated 5-11-1993 arising out of Execution Case No. 7 of 1991.

( 2 ) OPPOSITE parties as plaintiffs filed the suit praying for permanent injunction and for the direction not to interfere with their possession and with further prayer for mandatory injunction and removal of the constructions made by the defendants over their land and for other ancillary reliefs arraying the present petitioners who are Collectors, Balasore and others as defendants. In the aforesaid suit, the plaintiffs alleged that defendants had executed the work of construction of escape on the suit land of which plaintiffs were the owners. Since without any manner of right, title and interest defendants were trying to interfere in the right, title and interest of the plaintiffs permanent injunction be granted directing them not to interfere with in the possession of the plaintiffs. Plaintiffs also had prayed for demolition of constructions made over their plot.

( 3 ) DEFENDANTS filed their written statement in the suit disputing the allegations and contended that no part of the escape was constructed on plot No. 106 of mouza-Korakada which was the disputed plot. It was further pleaded that the escape as a bi-pass drainage from the river Ganjuti situates in village Kanjiapal and Sukadevpur from the time of British regime. A portion of the old structure was of the escape damaged for which reconstruction of the escape was taken up on the site on which it was existing and no part of the escape was constructed on plot No. 106 as claimed by the plaintiffs.

( 4 ) THE plaintiff's suit was decreed and in the ordering portion of the decree it was directed: -". . . . . . . . . . The defendants are hereby directed to remove construction within one month from today if constructed on M. S. Plot No. 105 belonging to the plaintiffs and pro forma defendants failing which the plaintiffs and pro forma defendants are at liberty to pray Court for issuing a mandatory injunction directing the contesting defendants to demolish any construction made on M. S. Plot No. 106. The contesting defendants are further restrained permanently from coming upon the suit plot No. 106 belonging to the plaintiffs and pro forma defendants Nos. 6 to 33 and from creating any sort of disturbance whatsoever thereon. "the decree passed in Q. S. No. 14 of 1986-I has become final. Thereafter the plaintiffs-Decree-holders filed Execution Case No. 7 of 1991 for execution of the mandatory injunction and thereafter filed an application under Rule 22 of Order 21, C. P. C. By order dated 5-11-1993 the executing Court directed as follows: -". . . . . . . . . THEREFORE, considering the D. Hr. proving the construction of escape on M. S. Plot No. 106 under M. S. Khata No. 199/1 of Mouza Korkoda, is entitled to demolish the said escape. The estimated costs for the same as under the petition of D. Hr. being of a total sum of Rs. 3,77,500/- the J. Drs. therefore, directed to deposit a sum of Rs. 1,00,000/ (Rupees one lakh only) towards the cost of the demolition of the construction of the escape made over plot No. 106 within three months hence, to enable the D. Hr. to furnish voucher for onward direction to the J. Drs. to pay the rest of the amount spent for the same; the depositing of the said Rs. 1,00,000/- by the Jr. Drs. is a condition precedent to the D. Hrs. ' furnishing vouchers. In case of failure to deposit a sum of Rs. 1,00,000/- by the J. Drs. , the accounts of J. Dr. No. 2, the Executive Engineer, Jaipur Irrigation, Jaipur, Cuttack at State Bank of India, Jaipur, shall remain attached until realisation of the cost. "challenging this portion of the order passed in Execution Case No. 7 of 1991, the defendant-J. Drs. have filed this Civil Revision on various grounds such as jurisdiction of the Court to pass such an order under Rule 32 of Order 21, C. P. C.

( 5 ) MR. Naidu, a