JAYDEV PANDA Vs. SURENDRANATH PANDA

JUDGEMENT

(1.) The petitioner by filing this application under Art. 227 of the Constitution of India seeks quashment of an order passed by the learned 1st Additional Civil Judge (Sr. Division), Cuttack in CMA No.67 of 2004 in the matter of a petition under section 47 of the Code of Civil Procedure filed by the petitioner being the judgment-debtor in Execution Case No.10 of 1989.

(2.) Essential facts for the purpose may be stated as under:

(3.) The learned Executing Court in view of above objection raised to the execution of the decree treating as permissible for being taken under section 47 of the Code has proceeded to examine the same. In that extensive exercise, having further received documentary and oral evidence, the learned Executing Court has framed the following points for decision.