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2011 Supreme(Ori) 287

B.K.NAYAK
Chakradhar Paital (dead) after him, his LRs – Appellant
Versus
Gelhi Bewa (dead) after him – Respondent


Advocates:
For Petitioners:M/s. Manas R. Panda, S. K. Swain, S. Samal, S. K. Baral, M. R. Dash and R. Jena
For Opp. Parties:M/s. Gadadhar Rayatsingh, L. N. Rayatsingh

JUDGMENT

B.K. NAYAK, J. — Judgment-debtors in Execution Case No.4 of 2009 of the Court of the learned Civil Judge (Junior Division) Second Court, Cuttack have filed this writ application challenging the order dated 27.12.2010 passed by the Executing Court rejecting their objection to execution.

2.The decree holder-opposite parties filed T.S. No.6 of 1987 against the judgment-debtors and some of their predecessors-in-interest for permanent injunction. The suit was decreed on 24.06.1995 injuncting permanently the defendants-judgment-debtors from interfering with the peaceful possession of the decree holders over the suit land. The decree holders filed Execution Case No.4 of 2009 for executing the decree by way of recovery of possession on the assertion that on 06.03.2009, the judgment-debtors interfered with their peaceful possession and forcibly encroached the suit land by dispossessing them. The judgment-debtors filed their objection to the execution petition contending that the decree being one for permanent injunction, it could not be executed by way of recovery of possession of the suit land and that the execution proceeding was barred by limitation. The judgment-debtors also furt
















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