SANKAR PRASAD DEV BURMAN Vs. INDUMATI SAHOO

JUDGEMENT

(1.) THE order dated June 22, 1981, of the Subordinate Judge, Puri, in Misc. Case No. 303 of 1980, rejecting the petitioners' application under Section 47, Civil Procedure Code, is under challenge in this revision petition.

(2.) THE opposite party filed O.S. No. 28/1 of 1976, wherein she obtained a decree against the petitioners for specific performance of a contract. Under the decree, the petitioners were directed to obtain necessary permission of the Collector to convey the suit property to the opposite party within two months and to execute a registered sale deed in her favour within a period of two months from the date of obtaining such permission and receipt of balance consideration of money from her. THE decree contained certain further directions to the decree-holder. Since they do not arise for consideration in this case, it is not necessary to state them in detail. THE petitioners (judgment-debtors) having failed to execute the sale deed, the opposite party (decree-holder) filed Execution Case No. 93 of 1979, on October 27, 1979, to which the petitioners filed their objections on December 18, 1980, on which the impugned order was passed.