PURNA CHANDRA SAHU Vs. BAIKUNTHA SAHOO AND OTHERS

JUDGEMENT

(1.) This appeal has been filed challenging the judgment passed by the learned Additional District Judge, Nayagarh in F.A.O. No. 18 of 20061 setting aside the order passed by the learned Civil Judge (Sr. Division), Nayagarh in M.J.C. No. 23 of 2000 in the matter of an application under Order 21. Rule 97 of the Code of Civil Procedure.

(2.) Facts necessary for the purpose of this appeal are as under Respondent Nos. 1 and 3 as plaintiffs filed the Title Suit NO. 70 of 1984 against the respondent. No. 4 and others. It maybe stated here that some out of those respondents having died their legal representatives have been substituted and they are now the respondents.

(3.) The suit was for declaration of title of the plaintiffs over schedule A land for eviction of defendant Nos. 1 and 3 and for mesne profit. The suit although was hotly contested, the judgment and decree passed therein were not further challenge by filing any appeal. The plaintiff-de-cree holders then filed the execution proceeding to execute the decree. It is at that stage, the appellant came forward and filed a petition under Order 21, Rule 3 of the Code. Though the prayer appears to have not properly stated, in essence it was to thwart the execution of the decree in view of the claim of appellants right, title, interest and possession over the suit land.