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2017 Supreme(Ori) 246

A.K.RATH
Rita Mohanty – Appellant
Versus
Mamata Kumari Sasmal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Bidhayak Pattnaik
For the Opposite Parties : Mr. Khetramohan Dhal

JUDGMENT :

A.K. Rath, J.

This petition challenges the order dated 4.9.2014 passed by the learned Civil Judge (Jr. Division), 2nd Court, Cuttack in not accepting the objection of the J.Drs. no. 5 and 7 to the Execution Petition No.3 of 2010.

2. The mother of the petitioners, Chanchal Behera as plaintiff instituted the suit for permanent injunction impleading the opposite parties as defendants. The defendants filed a counter claim for a decree of mandatory injunction against the plaintiff directing her to remove encroachment from the suit land. The suit and counter claim were tried by the learned Civil Judge (Junior Division), 2nd Court, Cuttack. The suit was dismissed, whereas the counter claim was decreed. Aggrieved by the judgment and decree, the plaintiff filed R.F.A.No.54 of 2004 and R.F.A.No.55 of 2004 before the learned 2nd Additional District Judge, Cuttack, which were eventually dismissed. Thereafter she filed Review Petition No.7 of 2009 under Order 47 Rule 1 C.P.C. to review of the judgment. The same was dismissed. While the matter stood thus, the D.Hrs. levied Execution Case No.3 of 2010. Notice was issued to the judgment debtor under Order 21 Rule 22 C.P.C., but she did no


















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