DUKHI PRADHANI Vs. SHYAM SUNDAR SAHU

JUDGEMENT

(1.) IN this Civil Revision petitioners have challenged the order dated 15.4.1982 of the trial Court finding that the appeal against the decree having abated, the further petition under Section 144, C. P. C. arising out of the suit in the execution proceeding also abates and it would not be competent in view of the restriction imposed under Section 4 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as 'the Act') to pass any further order as prayed for by the petitioners.

(2.) EXECUTING a decree for recovery of possession of 11. 47 acres of land from the petitioners, plaintiffs obtained delivery of possession on 23.11.1978 through Court. After the delivery of possession, the judgment -debtors (petitioners) filed an application under Section 47, C. P. C. challenging the execution. This application was registered as Misc. Case No. 167 of 1978 in the Executing Court.

(3.) THE judgment -debtors thereafter filed a petition on 24. 11. 1980 for amendment of their application under Section 47, C. P. C. On refusal of the prayer for amendment, petitioners challenged the order in Civil Revision No. 250 of 1981. The Civil Revision was disposed of in the following terms :