SASANKA SEKHAR TRIPATHY Vs. CHAKRADHA TRIPATHY

JUDGEMENT

(1.) This writ application is directed against the order dated 29th April, 2003 passed by the learned Civil Judge (Junior Division), Pattamundai in Execution Case No.17 of 1995 arising out of T.S. No.59 of 1971 rejecting the application of the petitioner for stay of further proceeding in Execution Case as well as the order passed by the learned Additional District Judge, Kendrapara in Civil Revision No.28 of 2003 dismissing the same and confirming the order passed by trial Court.

(2.) From the impugned order, it appears that the decree-holder-opposite parties had filed the suit for declaration of indefeasible right over the suit land and for permanent injunction restraining the defendants from obstructing the suit land by way of construction etc. and also for mandatory injunction directing the defendant No.1 to demolish the construction already made on a portion of the suit land. In the said suit,a decree was passed on 30th January, 1978. However, Execution Case was levied in the year 1995. In the said Execution Case, the petitioner filed an application for stay of further proceeding of the same on the ground that he has filed another suit vide T.S. No.118 of 2002 against the decree-holder-opposite parties which is subjudice. The said petition having been rejected by the trial Court, a revision was filed before the learned Additional District Judge, Kendrapara and the revision having been dismissed, the present writ application has been filed.

(3.) Shri Mohanty, the learned counsel appearing for the judgment debtor-petitioner challenges the impugned orders basically on two grounds. The first ground taken by the learned counsel for the petitioner is that the petitioner has filed T.S. No.118 of 2002 against the decree-holder-opposite parties in respect of the same suit property and the said suit is pending consideration. In view of the above, the trial Court should have invoked the power under Order 21, Rule 29 of the C.P.C. and stayed further proceeding in the Execution Case till disposal of T.S. No.118 of 2002.