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2022 Supreme(Ori) 483

K. R. MOHAPATRA
Kaupinidhari Mahima Samaj – Appellant
Versus
Mahima Gossain Bije – Respondent


Advocates appeared:
Mr. Susanta Kumar Dash, Advocate, for the Appellant; Mr. Dwarika Prasad Mohanty, Advocate, for the Respondent

JUDGMENT

Krushna Ram Mohapatra, J. - This matter is taken up by virtual/physical mode.

2. Order dated 11th July, 2022 (Annexure-8) passed in Civil Revision Petition No.4 of 2022 is under challenge in this CMP whereby learned District Judge, Dhenkanal dismissing the revision petition, confirmed the order dated 16th April, 2022 (Annexure-4) passed by learned Senior Civil Judge, Dhenkanal in a petition under Section 47 CPC in Execution Case No.63 of 1998.

3. Short narration of facts necessary for proper adjudication of the case are that Execution Case No.63 of 1998 has been filed by the Mahimia Gossain Bije, Mahimagadi, Joranda in the district of Dhenkanal, represented by Satya Mahima Dharma Dhama Parichalana Samiti and others (hereinafter referred to as 'the DHrs.') for execution of the decree passed in Original Suit No.62/152 of 1939-1940 (HC No. 21 of 1943) modified in Civil Appeal No.1 of 1945. On their appearance, present Petitioners (hereinafter referred to as 'the JDrs.') filed an application under Section 47 CPC on 9th March, 2022 (Annexure-3) challenging executability of the decree on different grounds praying inter alia to drop the execution proceeding. The petition was dismiss

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