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2008 Supreme(Ori) 366

SANJU PANDA
Urmila Kumari Mohanty – Appellant
Versus
Bijay Kumar Mohanty – Respondent


Advocates:
For Petitioner:Rabindra Kumar Sahoo
For Opp. Party:None

ORDER

14.08.2008 — In this writ petition challenge has been made to the order dated 30.7.2005 passed by the learned Civil Judge (Senior Division), Nimapara in Execution Misc. Case No.62/06 of 2000/1999 rejecting the application of the petitioner to execute the decree for enhanced rate of maintenance from Rs.200/- to Rs.400/- on the ground that the execution case was not maintain¬able as the same was barred by limitation.

2. The case of the petitioner is that she is the wife of opposite party. She got an ex parte decree of maintenance of Rs.200/- per month in Original Suit No.38 of 1982 and the ex parte decree was passed on 29th September 1984 by the learned Civil Judge (Senior Division), Puri. Thereafter, she filed Execu¬tion Case No.21 of 1988 before the said Court for execution of the decree. While the matter stood thus, she filed Misc.Case No.20 of 1994 before the said Court for enhancement of mainte¬nance. The Court below enhanced the maintenance from Rs.200/- to Rs.400/- by order dated 3.12.1994. After getting the order of enhanced maintenance on 15.4.1999 she filed an execution case to execute the order granting enhanced maintenance which was regis¬tered as Execution Misc. Ca







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