SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1987 Supreme(Ori) 81

K.P.MOHAPATRA
RUSHI MAHAKUR – Appellant
Versus
DIBYA SHANKAR – Respondent


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

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



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top