(1.) This petition challenges the orders dated 31.1.2014 and 6.2.2014 passed by the Judge, Permanent and Continuous Lok Adalat, Cuttack in Title Suit No.221 of 1979.
(2.) The brief facts necessary to appreciate the controversy are that one Puspendra Kumari, wife of Sailendra Narayan Singh, was the owner of the land measuring an area of Ac.1.203 dec. appertaining to Khata No.18, Plot No.1032 of Mouza-Tulasipur, Cuttack town with a house standing thereon. She instituted Title Suit No.287 of 1978 against Ramesh Chandra Pattanaik for declaration of right, title and interest, recovery of possession and permanent injunction in respect of Ac.0.82 dec. 5 kadies of land. Ramesh instituted Title Suit No.221 of 1979 for specific performance of contract against Puspendra Kumari in respect of Ac.0.116 dec. of land. Rajanirani Samantasinghar, mother of Ramesh, instituted Title Suit No.256 of 1979 against Sailendra, husband of Puspendra Kumari & others for specific performance of contract. Sukanti Pattnaik, wife of Ramesh, instituted C.S.(I) No.38 of 2006 for a declaration that the sale deed No.3552 dated 21.6.2005 executed by the learned Civil Judge (Senior Division), 1st Court, Cuttack as void, illegal and inoperative and to declare the judgment and decree dated 19.4.2003 and 2.5.2003 respectively passed by the learned Civil Judge (Senior Division), 1st Court, Cuttack in Tile Suit No.443 of 2000 as void and not binding. All the suits had been instituted in the court of the learned Civil Judge (Senior Division), 1st Court, Cuttack The schedule of properties, mentioned in all the suits, are as follows; <FRM>JUDGEMENT_103_LAWS(ORI)9_2017_1.html</FRM>
(3.) The petitioner as plaintiff instituted Title Suit No.443 of 2000 for specific performance of contract against Puspendra Kumari. The suit was decreed. Since the defendant did not come forward to execute the sale deed, the decree was executed and the sale deed was registered in his favour through process of court on 21.6.2005 in respect of the land appertaining to Hal Khata No.730, Hal Plot No.557, Ac.0.105 dec.