KAUPINIDHARI MAHIMA SAMAJ Vs. MAHIMA GOSSAIN BIJE

JUDGEMENT

(1.) This matter is taken up by virtual/physical mode.

(2.) Order dtd. 11/7/2022 (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 dtd. 16/4/2022 (Annexure-4) passed by learned Senior Civil Judge, Dhenkanal in a petition under Sec. 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 Sec. 47 CPC on 9/3/2022 (Annexure-3) challenging executability of the decree on different grounds praying inter alia to drop the execution proceeding. The petition was dismissed vide order dtd. 16/4/2022 (Annexure-4) by learned Senior Civil Judge, Dhenkanal against which Petitioners preferred CRP No.4 of 2022. The said Civil Revision being dismissed, vide order dtd. 11/7/2022 (Annexure-8), the present CMP has been filed.