SUNAKAR BALIAR SINGH Vs. GURU CHARAN JENA

JUDGEMENT

(1.) WHETHER an execution proceeding seeking possession of the land decreed in a suit is maintainable in terms of the description of the suit land in the sabik form after finalization of Record of Rights in the current settlement operation, is the question to be determined in this writ petition.

(2.) THE petitioners in this writ petition have challenged the judgment dated 01.10.2012 passed by the learned District Judge, Khurda at Bhubaneswar in C.R.P. No.3 of 2012 dismissing the Civil Revision filed by the petitioner (Judgment Debtor) and confirming the order dated 12.12.2011 passed by the learned Civil Judge (Senior Division), Bhubaneswar in Execution Case No. 58 of 1994, thereby rejecting the application of the petitioners under Section 47 of the Code of Civil Procedure, 1908, hereinafter referred as the "Code" for brevity, and directing the Civil Court Commissioner to demarcate the land covered under the decree.

(3.) THE facts are not in dispute. That may be stated briefly as follows: The present opposite parties 1 and 2 along with deceased Purna Chandra Jena filed O.S. No.132 of 1979 in the court of the Civil Judge (Senior Division), Bhubaneswar for declaration of their right, title, interest, for recovery of ossession and perpetual injunction in respect of schedule of land. After trial, the suit was decreed and accordingly the right, title and interest was declared in favour of the contesting opposite parties and it was directed that the vacant possession of the suit land be given to the plaintiff.