RAJENDRA SAHU Vs. KSHYAMA SAHU

JUDGEMENT

(1.) THE petitioner has failed in his attempt to thwart the Execution Case No. 03 of 1999 arising out of Title Suit No. 75 of 1974 of the court of Civil Judge (Jr. Division), Patnagarh having not been to achieve success through his application under section 47 of the Code of Civil Procedure. Being aggrieved, he questioned the legality and propriety of the order passed M.J.C. No. 09 of 2000 rejecting his petition under section 47 of the Code. in Civil Revision No. 18 of 2000 in the court of District Judge, Bolangir and said move has also yielded no fruitful result. Therefore, those orders have been further challenged by filing this writ application with the prayer of quashment.

(2.) HEARD the learned counsel for the parties at length. Perused the order of the executing court and that of the revisional court.

(3.) ADMITTEDLY the second appeal has been withdrawn without this agreement being placed there and without recording of any compromise and passing of the decree in terms of the same. Next in the final decree proceeding, the factum of execution of an agreement by the opposite party and his father has not been placed, for being taken into consideration while passing the final decree. Such final decree when is pressed for being executed, the same is projected as the weapon in order to bulldoze the execution proceeding by putting an end to it refusing the prayer to execute.