(1.) THIS Civil Revision under Section 115 of the Code Civil Procedure has been preferred against the judgment dated 11.3.2003 passed by the learned District Judge, Keonjhar in Misc.Appeal No.13 of 1993 setting aside the order passed by the learned Executing Court in M.J.C. No.45 of 1984.
(2.) THE opp.party herein filed T.S. No.5 of 1983 -I in the Court of Civil Judge (Senior Division), Keonjhar with a prayer for a decree declaring his right, title and interest over the suit scheduled property and for recovery of possession in respect of the said land which constituted an area of Ac.0.08 decimals appertaining to Hal Settlement Plot No.301 corresponding to part of Sabik Plot No.296, measuring Ac.4.55 decimals under Khata No.1/Ka situated in mouza -Siluan. The defendants in the said suit were the vendors of the plaintiff -opp.party, namely, Raja Ananta Narayan Bhanjadeo and one Dambarudhar Mahanta. The said suit was decreed ex parte on 24.10.1983 declaring the title of the plaintiff over the suit property and also directing recovery of possession of the same from the defendant No.2. The plaintiff levied execution case and on his prayer, the executing Court deputed a civil Court Commissioner for demarcation and delivery of possession of the suit land to the plaintiff. Accordingly, on 8.5.1984, the suit property was delivered to the plaintiff -decree holder.
(3.) THE opp.party, herein being the decree holder filed an objection to the said Misc. Case, inter alia, stating that no illegality has been committed during delivery of possession of the suit land to the opp.party and it was, only defendant No.2 being Dambarudhar Mahanta who is related to the petitioner, has tried to create obstruction during delivery of possession and has set up to the petitioner/objector to file the said petition on false allegations.