KUSHA CHANDRA SAHOO Vs. STATE BANK OF INDIA A STATUTORY LOCAL HEAD OFFICE AT FOREST PARK, NEW CAPITAL, BHUBANESWAR AND BRANCH OFFICE AT JAJPUR

JUDGEMENT

(1.) HEARD .

(2.) THIS revision application under Section 115, C.P.C. is against the order dated 27.8.2002 passed by the Civil Judge (Senior Division), Jajpur in Misc.Case No.151 of 2002.

(3.) IT is alleged by the petitioner that on 4.5.2002 opposite party illegally seized the tractor and has taken steps to put it to auction sale for realisation of loan amount. Petitioner therefore filed an application under Section 151, C.P.C. with the prayer to direct the opposite party to release the tractor in his favour. That application was registered as Misc.Case No. 151 of 2002 and learned Civil Judge (Senior Division), Jajpur after hearing the parties passed the impugned order on 27.8.2002. Learned Civil Judge observed that the alleged conduct of the opposite party amounts to gross -irregularities. However, the Court below directed to the Opposite party to release the tractor subject to petitioner depositing Rs.50,000/ - (fifty thousands), within a month and thereafter making payment @ Rs. 16,500/ - (sixteen thousands and five hundreds) per quarter till clearance of the suit amount. The public auction was accordingly stayed till further orders.