PRAFULLA KUMAR DASH Vs. JAGANNATH DAS

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner seeks to quash the order dated 24.2.2005 passed by the learned Addl. District Judge, Fast Track, Aska in FAO No. 8 of 2004 dismissing the same and thereby confirming the order dated 28.7.2001 passed by the learned Civil Judge (Senior Division), Aska in MJC No. 14 of 1997 whereby and whereunder the application filed by the petitioner to review the order dated 4.2.1997 passed in Execution Proceeding No. 16 of 1989 was rejected.

(2.) THE short facts of the case are that the petitioner as plaintiff filed a suit being T.S. No. 34 of 1987 for a declaration of right, title and interest and recovery of possession of suit schedule land in the court of learned Subordinate Judge, Aska (now designated as Civil Judge (Senior Division), Aska). The suit was decreed on 6.1.1989. Thereafter, he filed Execution Case No. 16 of 1989 for execution of the decree. The case was posted to 4.2.1997. The advocate for the petitioner filed a memo stating therein that the decree -holder did not want to press the execution proceeding. On the basis of the said memo, executing court closed the execution proceeding.

(3.) HEARD Mrs. Sujata Jena, learned counsel for the petitioner. None appears for the opposite party in spite of valid service of notice.