JUDGMENT :

DR. A.K.RATH, J.

1. By this petition under Article 227 of the Constitution of India, challenge is made to the orders dated 23.6.2016, 27.9.2016 and 5.11.2016 respectively passed by the learned Civil Judge (Jr.Division), Rourkela in Execution Case No.2 of 2010. By order dated 23.6.2016 the learned executing court dismissed the application of the J.Drs under Sec. 47 read with Sec.151 C.P.C., whereas by order dated 27.9.2016, the application filed by the J.Drs under Sec.151 of C.P.C. was rejected. By order dated 5.11.2016, the J.Drs have been directed to vacate the suit house within one month.

2. Opposite party as plaintiff instituted T.S.No.40 of 2001 in the court of the learned Civil Judge (Jr.Division), Panposh for declaration of right, title, interest, confirmation of possession over the suit schedule house and recovery of possession, if found to be dispossessed in the meantime, impleading the petitioners as defendants. The defendants filed written statement denying the assertions made in the plaint. The suit was decreed. Assailing the judgment and decree of the learned trial court, the defendants filed R.F.A.No.45 of 2007. The appeal was allowed and the suit was remanded