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1985 Supreme(Ori) 212

S.C.MOHAPATRA
NETRAMANI DIBYA – Appellant
Versus
DASARATHI MISRA – Respondent


Advocates Appeared:
A.K.MOHAKUDA, J.P.MISHRA, P.MOHANTY, R.MOHANTY

S. C. MOHAPATRA, J.


( 1 ) THIS Civil Revision arises out of an order of the learned Subordinate Judge, Nayagarh, refusing to permit the petitioners to file their objection under S. 47, Civil P. C. to the execution of a final decree in a suit for partition. While accepting the revision for further hearing, interim stay of further proceeding in the execution case was passed. Decree-holder-opposite party No. 1 appeared and filed an application for vacating the order of stay. While considering the said petition, I directed the matter to be heard finally without waiting for the service return of notice to the other judgment-debtors who did not have any grievance against the impugned order.

( 2 ) EXECUTION Proceeding No. 13 of 1982 was filed for execution of the final decree dt. 17-8-1982 in the partition suit. The said decree was set aside by this Court on 8-11-1982. The proceeding in execution remained stayed pending disposal of the final degree proceeding after the final decree was cated (sic) by this Court. The second final decree was passed on 2-9-1983. One year thereafter on 14-11-1984, the Executing Court vacated the interim stay granted. On 5-12-1984, the certified copy of the s








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