BAISHNAB CHARAN PALEI Vs. PADMANAV ROUT AND OTHERS

JUDGEMENT

(1.) This petition challenges the order dated 30.9.2010 passed by the learned District Judge, Keonjhar in C.R.P.No.1 of 2010. By the said order, the learned revisional court rejected the application of the judgment-debtor-petitioner to stay the further proceeding of the Execution Case No. 24 of 2008 of the court of the learned Civil Judge (Sr. Division), Keonjhar.

(2.) The opposite parties as plaintiffs instituted C.S.No.65 of 2005 in the court of the learned Civil Judge (Sr. Division), Keonjhar for declaration of right, title, interest in respect of the suit schedule land, recovery of possession and permanent injunction impleading the petitioner as defendant. The learned trial court decreed the suit on 10.12.2007. Thereafter the decree was drawn up on 21.12.2007. The ordering portion of the judgment reads as follows:-

(3.) While the matter stood thus, the opposite parties levied Execution Case No. 24 of 2008 for delivery of possession of suit property through process of court. The petitioner filed a show cause stating therein that since no recovery of possession was granted, the decree holders can execute the decree of permanent injunction and, as such the petition is not maintainable. The learned trial court came to hold that when a decree for right, title, interest and confirmation of possession has been passed, execution petition for recovery of possession can be made. Held so, the learned executing court allowed the application on 27.2.2010. Challenging the same, the petitioner filed C.R.P. No. 1 of 2010 before the learned District Judge, Keonjhar. In the said case, the petitioner filed an application to stay the further proceeding of the execution case. By order dated 30.9.2010, the revisional court dismissed the said application. With this factual scenario, the present petition has been filed.