JUDGMENT :

A.K. Rath, J.

This petition is to lacinate the order dated 02.11.2016 passed by the learned Additional Civil Judge (Senior Division), Puri in C.M.A. No.68 of 2016 arising out of Execution Case No.02 of 1999, whereby and whereunder the learned executing court dismissed the application of the judgment-debtor under Section 47 CPC.

2. Since the dispute lies in a very narrow compass, suffice it to say that the opposite party no.1 along with predecessor-in-interest of the opposite party nos.2 to 5 instituted O.S. No. 15/111/1976/76 in the court of the learned Sub-Judge, Puri for recovery of possession of the suit property impleading the father of the petitioner and another as defendants. The suit was dismissed. The plaintiffs filed T.A. No.43/1978, which was subsequently transferred to the court of the learned 2nd Additional District Judge, Puri and renumbered as T.A. No.6/43 of 1982/78. The appeal was allowed. The defendant no.2 filed Second Appeal No.180 of 1983 before this Court, which was eventually dismissed on 16.07.1993. While matter stood thus, the decree-holders levied Execution Case No.02 of 1999. In the said case, the petitioner filed an application under Section 47 CP