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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Kaupin Dhari Mahima Samaj – Appellant
Versus
Satya Mahima Dharma Dham Parichalana Samiti – Respondent
| Table of Content |
|---|
| 1. court procedures and the petition context. (Para 1 , 2 , 3 , 4) |
| 2. contentions about the application of section 47 cpc. (Para 5) |
| 3. limitation act applicability in execution proceedings. (Para 6) |
| 4. time-barred applications and limitations under section 47 cpc. (Para 7 , 8) |
| 5. final verdict and order. (Para 9 , 10) |
JUDGEMENT :
K.R. MOHAPATRA, J.
1. This matter is taken up through hybrid mode.
2. The CMP is listed today for consideration of IA No.368 of 2024 filed with a prayer for extension of interim order dated 26 th October, 2022 passed in IA No.1123 of 2022.
3. In course of hearing of the IA, this Court finds that merit of the case has to be gone into. Hence, on consent of learned counsel for the parties, the CMP is taken up for final disposal.
4. This CMP has been filed assailing order dated 30th September, 2022 (Annexure-5) passed by learned Civil Judge (Junior Division), Gondia, Dhenkanal in CMA No.10 of 2022 (arising out of CMA No.8 of 2009), whereby an application to restore CMA No.8 of 2009 filed under Section 47 CPC has been rejected.
5. Mr. Rout, learned counsel for the Petitioners submits that TS No.33 of 1988 was filed by Plaintiffs for declaration of joint t
Applications under Section 47 CPC are governed by Article 137 of the Limitation Act, establishing a three-year limitation from the judgment-debtor's appearance in execution proceedings.
The main legal point established in the judgment is that the objections raised by the JDrs. regarding the executability of the decree, including issues of limitation, maintainability, and subsequent ....
The main legal point established in the judgment is that a review application cannot re-agitate issues already considered in a previous appeal, and the grounds for exemption from the law of limitatio....
Objection to execution of decree – All questions arising between parties to suit in which decree was passed or their representatives relating to execution, discharge or satisfaction of decree must be....
Parties are precluded from re-agitating issues in execution that were already determined, reinforcing the principle of finality in judgments.
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