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1984 Supreme(Ori) 107

D.P.MOHAPATRA
PURUSOTTAM PADHEE – Appellant
Versus
PANCHALI BEWA – Respondent


Advocates Appeared:
GENESWAR RATH, S.S.BASU, S.S.RAO

D. P. MOHAPATRA, J.


( 1 ) THIS Civil Revision is directed against the order dated 7-7-1980 of the. Subordinate Judge, Sambalpur in Misc. Case No. 55 of 1979 holding that the decree in Title Suit No. 80 of 1974 is inexecutable.

( 2 ) THE petitioner filed the aforesaid suit against the opposite party for specific performance of a contract for sale of the suit land. The contract was executed by the opposite party on 31-8-1973. The suit was decreed ex parte on 17-9-1975. It was ordered that the defendant-opposite party will execute the registered sale deed in respect of the suit property in favour of the plaintiff-petitioner within six months failing which the latter is to deposit the stamp duty and necessary charges for registration of the property by Court. The opposite party was further directed to pay Rs. 1138. 75 paise to the petitioner towards cost of the suit. The decree was put under execution first in Execution Case No. 38 of 1978 (1977?), which was dismissed on 15-12-1977. Thereafter, Execution Case No. 47 of 1978 which has given rise to the present revision was filed on 17-11-1978. In the aforesaid Execution Case, the opposite party filed his objection on 21-3-1979 stating






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