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2017 Supreme(Ori) 682

D.DASH
Nilakantha Mohanta – Appellant
Versus
Govinda Mohanta – Respondent


Advocates Appeared:
For the Petitioners:M/s. Prafulla Ku. Rath, A.K. Nath, K. Parija, N. Mahanty, Advocates.
For the Opp. Parties :M/s. Soumya Mishra, B. Mohanty, S.K. Samantaray, E. Agrawal, S. Modi, Advocates.

JUDGMENT :

This application under Article 227 of the Constitution has been filed seeking quashment of an order dated 18.01.2016 passed by the learned Civil Judge (Senior Division), Keonjhar in C.M.A. No. 05 of 2005 arising out of Execution Case No. 22 of 1994.

2. The lis in hand owes its initiation to the mid of the year 1948 and is by now just short of a year to be septuagenarian. By the order, which is impugned in this application, the final decree passed in T.S. No. 29 of 1948 about thirty years back i.e. on 04.02.1986 upon acceptance of the report of the Civil Court Commissioner followed by its sealing and signing on 06.08.1994 has been declared as nullity giving liberty to the petitioners of above noted CMA who are parties to the suit to initiate final decree proceeding afresh in respect of all the landed properties involved in the said suit which had been preliminarily decreed in terms of the compromise on 07.10.1980, with the compromise petition forming part of the preliminary decree. It may be stated here that consequential to the above order, the Executing Court has dropped the Execution Case by order dated 27.01.2016 with further direction that the possession of the propert



































































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