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2019 Supreme(Ori) 53

A.K.RATH
Bharat Motors, Cantonment Road, Cuttack – Appellant
Versus
Savitri @ Savitri Devi Bhawsinka – Respondent


Advocates Appeared:
For the Appellant :Mr. P. K. Rath and Mr. A. Behera, Advocates
For the Respondent:Mr. S.P. Mishra, Sr. Adv. Parties and Mr. S. Mishra, Advocate

JUDGMENT :

Dr. A.K. Rath, J.

This petition challenges the order dated 04.01.2018, passed by the learned Civil Judge (Senior Division), First Court, Cuttack in Execution No.25 of 2016, whereby, the application filed by the D.Hrs.-opposite parties under Order 6 Rule 17 CPC for amendment of the execution petition has been allowed.

2. Bereft of unnecessary details, the short facts of the case are that plaintiffs-opposite parties instituted C.S. No.6785 of 2014 before the learned Civil Judge (Senior Division), Cuttack, for eviction of defendants from the suit premises, delivery of possession, arrear house rent and damages with interest. The suit was decreed. The defendants were directed to deliver vacant possession of the suit premises within three months, pay arrear rent of Rs.40,000/- per month from November, 2013 to March, 2014 and damages @Rs.80,000/- per month from 1.4.2014 till delivery of vacant possession. Decree was drawn up on 25.06.2016. D.Hrs. levied Execution Case No.25 of 2016. Felt aggrieved, defendants filed RFA No.10 of 2016 before the learned District Judge, Cuttack. Plaintiffs-respondents had filed cross- objection. The appellate court did not interfere with the finding

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