JUDGMENT :

A.K. Rath, J.

This petition seeks to lacinate the order dated 15.12.2017 passed by the learned 1st Addl. Civil Judge (Senior Division), Cuttack in Execution Case No.10 of 1989, whereby the executing court accepted the affidavit dated 8.8.2017 filed by the D.Hr-opposite party with regard to the identification of the suit schedule property in accordance with the plaint, decree and rejected the petition filed by the J.Dr.-petitioner to drop the execution proceeding and directed the Amin Commissioner to help bailiff in delivering possession of the property to the D.Hr.

2. This case has a chequered history. The matter has travelled thrice to this Court and once to the apex Court. Bereft of unnecessary details, the short facts of the case are that one Baikuntha Nath Panda filed T.S No.48 of 1977 in the court of the learned Subordinate Judge, Cuttack for declaration that the gift deed dated 18.12.1973 is void and permanent injunction. The suit was dismissed on 30.9.1980. Felt aggrieved, plaintiff filed T.A No.20 of 1981 before the learned District Judge, Cuttack. During pendency of the appeal, sole appellant died; whereafter his adopted son, respondent herein, was substituted. The