SABITRI KHUNTIA Vs. RAM AVATAR MODI

JUDGEMENT

(1.) THIS is a revision by the Judgment -debtors of Execution Case No. 52 of 2001 in the Court of learned Civil Judge (Sr. Division), 1st Court, Cuttack challenging the legality of the order passed by the said Court in Misc. Case No. 115 of 2002 rejecting their objection filed under Section 47 of the C.P.C.

(2.) THE brief fact leading to the present situation can be narrated summarily as follows:

(3.) . Mr. Mohanty, learned Counsel appearing for the opp. party on the other hand, contends that the decree of the trial Court being specific about the possession of the opp. party over the suit land and direction being there that the petitioners are not to interfere with such possession of the opposite party, the Executing Court had no authority to go behind the decree and re -decide the issue of possession. According to him, the decree was executable as per the provisions of Order 21,Rue 32, CPC as in the Explanation of that provision, it has been clarified that it covers prohibitory, as well as mandatory injunction.