JUDGMENT

L. MOHAPATRA, J. — This writ application is directed against the order dated 10.5.2007 passed by the learned District Judge, Puri in R.F.A.No. 43 of 2007 returning the memorandum of appeal for presentation before the appropriate Court on the ground that he had no pecuniary jurisdiction to entertain the appeal.

2. The opposite party No. 1 had filed C.S.No. 119 of 2003 for specific performance of contract against opposite parties 2 to 8. During pendency of the suit, a compromise was effected between the parties and accordingly, the suit was disposed of in terms of the compromise on 3.7.2003. Opposite party No. 1-decree-holder filed Execution Case No. 15 of 2003 for executing the compromise decree. In terms of the writ issued by the executing Court, the Amin Commissioner visited the spot on 11.5.2004 and found the petitioner in possession of the disputed house and accordingly, he sought for police help to execute the decree. At that point of time, the petitioner came to know about such decree in respect of the suit house under possession of the petitioner and accordingly, he filed an application under Order 21, Rule 97 read with Section 151 of the Code of Civil Procedure as a