JUDGMENT :

The petitioner by filing this application under Article 227 of the Constitution of India seeks quashment of an order passed by the learned 1st Additional Civil Judge (Sr. Division), Cuttack in CMA No.67 of 2004 in the matter of a petition under section 47 of the Code of Civil Procedure filed by the petitioner being the judgment-debtor in Execution Case No.10 of 1989.

By the said order the learned Judge has rejected the petition under section 47 of the Code filed by this petitioner in refusing to hold the decree passed in Title Appeal No.20/84/53 of 1981/82/84 by the learned 2nd Additional District Judge, Cuttack as inexecutable.

The subject matter of impeachment is the above order dated 31.08.2005. The genesis of the present lis is traceable to Title Suit No. 48 of 1977 which has been decided by the learned Civil Judge (Senior Division), Ist Court, Cuttack.

2. Essential facts for the purpose may be stated as under:

(a) One Baikunthanath Panda had filed Title Suit No.48 of 1977 arraigning the petitioner as defendant no.1 besides, others as the defendants. The suit was for declaration that the gift deed dated 18.12.1973 said to have been executed by him and defendant no.2, name