Kishore Kumar Mohanty vs Saroj Kumar Mohanty

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2017 Supreme(Ori) 731

A.K.RATH
Kishore Kumar Mohanty – Appellant
Versus
Saroj Kumar Mohanty – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Bansidhar Baug
For the Opposite parties : Mr. P.K. Lenka

Headnote: Read headnote

JUDGMENT :

A.K. Rath, J.

This petition challenges the order dated 6.1.2016 passed by the learned Additional Civil Judge (Sr. Division), Balasore in Execution Case No.3 of 2011. By the said order, the learned executing court allowed the application filed by the D. Hr and held that the compromise entered into between the parties is unlawful.

2. Since the dispute lies in a narrow compass, it is not necessary to recount in detail the cases of the parties. Suffice it say that opposite party no.1 as plaintiff instituted Execution Case No.3 of 2011 for partition impleading the petitioner as well as opposite parties 2 to 9 as defendants. The petitioner was defendant no.2 in the suit. The suit was decreed preliminarily on 4.5.2011. The final decree is drawn up on 21.4.2011. Thereafter, D.Hr. levied Execution Case No.3 of 2011. While the matter stood thus, the D. Hr. and J. Dr. no.2 had filed a joint compromise petition on 17.8.2015 in the execution petition to allot a house situate over the suit plot in favour of J. Dr. no.2 since the same was all along in possession of J.Dr.no.2. On

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