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2006 Supreme(Ori) 562

A.K.PARICHHA
Sabitri Khuntia – Appellant
Versus
Ram Avatar Modi – Respondent


Advocates:
For Petitioners:M/s. Ramakanta Mohanty, D. K. Mohanty, P. K. Rath, A. P. Bose, S. N. Biswal & P. K. Satpathy
For Opp. Party:M/s. B. H. Mohanty, B. Das, R. K. Nayak, T. K. Mohanty & S. Burma

JUDGMENT

A. K. PARICHHA, J. — This is a revision by the Judgment-debt¬ors of Execution Case No. 52 of 2001 in the Court of learned Civil Judge (Sr. Division), 1st Court, Cuttack challenging the legality of the order passed by the said Court in Misc. Case No. 115 of 2002 rejecting their objection filed under Sec. 47 of the C.P.C.

2. The brief fact leading to the present situation can be narrated summarily as follows :

The present petitioners as plaintiffs filed Title Suit No. 49 of 1997 in the Court of Civil Judge (Sr. Division), 1st Court, Cuttack praying for declaration of their title over the suit land described in the schedule of the plaint. The present opp. party as defendant while denying the pleadings and claim of the plain¬tiffs filed counter claim for damages and permanent injunctions. The Court after considering the evidences, dismissed the suit of the plaintiffs, but allowed the counter-claim of the defendant in part allowing the prayer for permanent injunction. In that decree the plaintiff-petitioners were restrained from interfering with the possession of the defendant-opp. party over the suit land. The decree of permanent injunction was put to execution by the present




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