K.P.MOHAPATRA
RUSHI MAHAKUR – Appellant
Versus
DIBYA SHANKAR – Respondent
K. P. MOHAPATRA, J.
( 1 ) THIS civil revision is directed against the order passed by the learned District Judge, Sambalpur, affirming the order of the learned Subordinate Judge, Bargarh, rejecting the petition filed by the petitioner under O. 21, 58 of the Civil P. C. ('code' for short ).
( 2 ) THE land in dispute in this case is 1. 02 acres of land out of Khata No. 32 of village Nagaon which was attached under O. 38, R. 5 of the Code by order of the learned Subordinate Judge dt. 4-3-1974. The attachment was effected by the Process Server on 5-3-1974 as is evident from his report (Ext. A-1 ). Despite the attachment, the petitioner purchased the said land from opposite party No. 2 by a registered sale deed dt. 22-3-1974 for a cash consideration of Rs. 3,000/ -. The petitioner in Execution Case No. 51 of 1976 filed a petition under O. 21, R. 58 of the Code for release of the disputed land.
( 3 ) AFTER hearing the learned counsel appearing for both parties, I find that the case is completely covered by an identical case reported in (1986) 62 Cut LT 373, Sashi Bag v. Dibya Shankar Padhan. In that case also the disputed land was attached before judgement and was subsequently sold by
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