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1986 Supreme(Ori) 472

S.C.MOHAPATRA
DINAKRISHNA TRIPATHY (AND AFTER HIM) SUNAMANI TRIPATHY – Appellant
Versus
MANAGING COMMITTEE OF SRI JAGANNATH TEMPLE – Respondent


Advocates Appeared:
B.H. Mohanty, in C.R. No. 548/81, A.K. Padhi and B.H. Mohanty, in C.R. No. 570/81, for the Appellant; A.B. Misra, S.K. Patnaik and C.R. Nanda, for the Respondent

JUDGMENT :

S.C. Mohapatra, J. - These two Civil Revisions between the same parties relate to a house, the land on which it stands and the adjacent landed property in Cuttack town. The parties being the same and the questions involved being inter-related, both the Civil Revisions are heard analogously and disposed of by this common judgment.

2. The predecessor-in-interest of the Petitioners filed Title Suit No. 55 of 1959 for title and permanent injunction in respect of the land and house in his possession. Opposite party filed House Rent Control Case No. 1 of 1960 for evicting the predecessor-in-interest of the Petitioners under the House Rent Control Act then in force. The suit is now pending in the trial court after remand by this Court. Eviction having been directed by the House Rent Controller, Execution Case No. 13 of 1974 is pending. An application u/s 47, Code of Civil Procedure, filed by the judgment-debtor challenging the executability of the decree and an application under Order 21, Rule 29, Code of Civil Procedure, filed for stay of the Execution Case having been dismissed, endeavour in a second round of attack in 1981 to avoid the eviction order has been frustrated. Like





























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