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1983 Supreme(Ori) 2

P.K.MOHANTY
SHYAM SUNDAR CHAUDHURY – Appellant
Versus
JUDHISTIR JENA – Respondent


Advocates Appeared:
A.K.Padhi, B.P.Tripathi, R.K.MOHAPATRA

P. K. MOHANTI, J.

( 1 ) THIS revisional application arises out of an order passed on an objection petition under Section 47, C. P. C. filed by the Judgment-debtors. The short question that falls for consideration is with regard to the question of executability of the decree.

( 2 ) THE opposite parties as the plaintiffs filed Original Suit No. 247/72-I against the petitioners for a declaration that they are the sole owners in possession of the suit properties. The suit was compromised on the following terms:-

(a) The title of the defendants to the suit properties and their possession over the same be declared. (b) The defendants would pay a sum of Rs. 20,000/- to the plaintiffs on or before. 31-5-77. (c) The defendants would pay the aforesaid amount of Rs. 20,000/- out of the compensation money awarded in the Forest Claim Case pending in the High Court and 13. 84 acres of land including some of the suit lands would remain charged for realisation of the amount. (d) On payment of Rs. 20,000/- by the defendants within the stipulated period, the properties would be released from the charge. If, however, the defendants failed to pay the amount within the stipulated period, the plaintif
















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