JUDGMENT :

The petitioner by filing this application seeks quashment of an order dated 29.01.2007 passed by the learned Civil Judge (Jr. Division) 1st Court, Cuttack in I.A. No. 55 of 2006 allowing the petition filed by the opposite party no. 1 and 2 under section 47 of the Code of Civil Procedure and thereby dismissing execution proceeding holding the decree passed in T.S. No. 176 of 2000 in favour of the petitioner (decree holder) as not executable against the opposite party no. 1 and 2 (judgment debtors) as it had been finally decreed by the judgment and decree in appeal in R.F.A. No. 06 of 2005 setting aside the order of dismissal of the suit by the trial court.

2. Heard learned counsel for the petitioner. None appears on behalf of the opposite parties despite opportunities being given in that regard. Perused the order in question.

3. The suit originally had been filed by the plaintiff-decree holder arraigning opposite party no. 1 to 8 as defendants for issuance of mandatory injunction against the defendant-opposite party no. 1 and 2 for removal of unlawful construction put up on the suit land. It has been alleged that on 21.07.2000, the opposite party no. 1 and 2 (defendants) for