NATH ROUT Vs. RADHESHYAM SWAIN

JUDGEMENT

(1.) THE present opp. Party was the Plaintiff in the Original Suit No. 131 of 1967 in the Court of the Munsif, Puri in which the decree was passed on 9 -9 -1970 in favour of the Plaintiff against which appeal and letters patent appeal were carried to different forums under the law which were ultimately dismissed and the decree dated 9 -9 -1970 passed in the suit became final. The Plaintiff thereafter filed the Execution Case No. 34/71 which was renumbered as Execution Case No 63/82 in the Court of the Munsif, Puri for execution of the decree dated 9 -9 -1970 passed in the Original Suit No. 131/1967.

(2.) THE consolidation operation in the area started in 1976 during the pendency of the execution case. The Petitioner raised an objection to the continuance of the said execution proceeding on the ground that it abated under Section 51 of the Consolidation Act. The petition having been rejected he preferred a civil revision bearing No. 353 of 1983 to this Court which was dismissed on 13 -2 -1984. The order passed in the Civil Revision No. 353 of 1983 shows that the learned Counsel for the Petitioner conceded and stated tint the execution case did not abate. It was also stated by the learned Counsel Mr. Sutar who was appearing in the said civil revision for the Petitioner that an application was also filed in the executing Court for demarcation of the land before the writ of delivery of possession was issued but that application was rejected for default of f he judgment -debtor and Mr. Sutar prayed that he might be permitted, to move the executing Court again to recall that order as the default was due to reasons beyond the control of his client. The Court expressed the view that he might move the executing Court regarding that if he so desires in which event the executing Court would deal with the application in accordance with law.

(3.) THE Schedule of property for which delivery of possession had been sought for in the decree passed in Original Suit No. 131 of 1967, consists of Ac. 0 -21 1/2 decimals from the Southern boundary out of Ac. 0 -43 decimals from Plot No. 73 of Khata No. 54 and an area of Ac. 0.37 decimals from the Southern boundary out of Ac. 0.70 decimals in plot No. 59 of Khata No. 56. The executing Court observed that it appeared from the consolidation land records that plot No. 73 measuring Ac. 0.21 1/2 decimals in Khata No. 54 has now been recorded under Plot No. 120 in Chak No. 50 allotted to judgment -debtor and the land under plot No. 59 has been recorded now as plot No. 227 under Chak No. 59 and allowed the petition for amendment by his order dated 8 -11 -1987 which order has been impugned in this civil revision.