PRASANTA KUMAR MOHAPATRA Vs. JANAKI BALLAV MOHARANA

JUDGEMENT

(1.) THE present petitioner, who was the judgment debtor in Execution Case No.69 of 2008, pending in the court of learned Civil Judge (Sr.Divn.), 1st Court, Cuttack questioning the executability of the decree in Civil Suit (1) No. 43 of 2007 filed a petition under Section 47 read with Order 21 Rule 58, Order 21, Rule 97 of the Civil Procedure Code (hereinafter referred to as "C.P.C."). Further, another petition was filed on 7.1.2012 by the present petitioner as the judgment debtor (J.Dr.) in the aforementioned Execution Proceeding for issuance of summons to the Court Process Server as well as one Aditya Ranjan Das for their evidence. The learned Civil Judge (Sr.Divn.), 1st Court, Cuttack rejected such prayers of the judgment debtor, namely the present petitioner. The said order of the learned Civil Judge (Sr.Divn.), 1st Court, Cuttack (Annexure -1) was challenged by the present petitioner in a Civil Revision before the District Judge, Cuttack. When the said Civil Revision was dismissed being aggrieved the petitioner has approached this Court for quashing the impugned orders at Annexures -1 and 2.

(2.) BEFORE adverting to the cases of the parties for better appreciation of the matter, it would be worthwhile to mention some admitted facts. The present opposite party had instituted a suit i.e., Civil Suit (1) No. 43 of 2007 against the present petitioner as defendant praying therein for eviction of the defendant from the suit house, realization of arrear house rent, damages and for permanent injunction. The said suit was decreed on contest against the defendant. Against the judgment and decree in Civil Suit (1) No. 43 of 2007 the loosing defendant namely, the present petitioner preferred an appeal before this Court which was registered as R.F.A. No. 237 of 2008. The said First Appeal was disposed of on 29.3.2011 in terms of the compromise effected in between the parties and it was directed that the terms and conditions of the compromise should form a part of the order in disposing of the First Appeal. As per the terms and conditions of the compromise effected in between the parties, the present petitioner as the defendant -appellant was to handover the vacant possession of the suit premises to the plaintiff -respondent i.e., the present opposite party on or before 31.5.2011 and also to pay Rs.10,800/ -towards arrear house rent for the months from August to November, 2006 as per the judgment and decree and also pay the arrear house rent at the rate of Rs.2700/ -to the present opposite party for the period from 27.11.2006 to 31.5.2011, etc.

(3.) LEARNED Civil Judge (Sr.Divn.), 1st Court, Cuttack by the impugned order at Annexure -1 rejected the prayers of the present petitioner. Needless to mention here that the order passed by the learned Civil Judge (Sr.Divn. ), 1st Court in C.M.A. No.607 of 2011 arising out of Execution Case No.69 of 2008 was challenged in a Civil Revision before the District Judge, Cuttack and the learned Distrrict Judge,Cuttack by his order at Annexure -2 dismissed the same.