ARATI BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 19/10/2023 (Annexure-3) passed by learned 1st Additional Senior Civil Judge, Balasore in IA No.547 of 2019 (arising out of Execution Case No.17 of 2018) is under challenge in this CMP, whereby an application filed by the petitioners under Order I Rule 10 CPC, has been rejected.

(3.) Mr. Mishra, learned counsel for the Petitioners submits that TS No.142 of 1996 was filed for partition of schedule 'kha' and 'cha' schedule property, declaration of right, title and interest over schedule 'Ga', 'Gha', and 'Una' property as well as for other consequential reliefs. The suit was decreed ex-parte on 19/3/2010 against the Defendants. After disposal of the suit, the Plaintiffs-DHrs filed Execution Case No.17 of 2018 which is pending for adjudication.