A.K.RATH
Baishnab Charan Palei – Appellant
Versus
Padmanav Rout – Respondent
JUDGMENT :
A.K. Rath, J.
This petition challenges the order dated 30.9.2010 passed by the learned District Judge, Keonjhar in C.R.P.No.1 of 2010. By the said order, the learned revisional court rejected the application of the judgment-debtor-petitioner to stay the further proceeding of the Execution Case No.24 of 2008 of the court of the learned Civil Judge (Sr. Division), Keonjhar.
2. The opposite parties as plaintiffs instituted C.S.No.65 of 2005 in the court of the learned Civil Judge (Sr. Division), Keonjhar for declaration of right, title, interest in respect of the suit schedule land, recovery of possession and permanent injunction impleading the petitioner as defendant. The learned trial court decreed the suit on 10.12.2007. Thereafter the decree was drawn up on 21.12.2007. The ordering portion of the judgment reads as follows:-
“The suit is decreed in part on contest against the defendant without costs. The right, title and interest of the plaintiffs in respect of the suit plot is declared and their possession in respect thereof is confirmed. The defendant is permanently restrained from interfering with the possession of the plaintiffs in respect of the suit plot in any manner
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