BHAGABAN BEHERA Vs. DHIRAJ KUMAR SHIVJEE

JUDGEMENT

(1.) A third party in an execution case is the petitioner in the present civil revision.

(2.) This is a case which supports the age-old saying that the suffering of the decree-holder commences after obtaining a decree. All endeavours of the legislation for early disposal fail in the circumstances to be indicated hereunder.

(3.) Dispute in this civil revision relates to a house in Cuttack town in front of Ravenshaw College. Ancestors of the decree-holder made an agreement with the owner of the house to purchase the same and filed a suit for specific performance of contract. Trial court decreed the suit for refund of the money advanced. During pendency of the appeal by the plaintiff, the judgment-debtor defendant sold the house to the judgment-debtor of the present decree-holder under execution. Appellate court allowed the appeal and directed recovery of possession from the defendant. Execution proceeding was initiated and the house was taken possession by the decree-holder. Present judgment-debtor filed an application in the executing court after delivery of possession that being lis pendens transferees they should not have been evicted. During pendency of the application, prosecution was launched against them for having committed trespass into the house which ended in conviction. After obtaining acquittal in appeal, they did not press their petition in the executing court. Since they continued in possession, the suit out of which the present decree under execution arises was filed in the year 1967 for title and recovery of possession. After a long contest from the year 1954, the decree-holders have been able to travel up to this stage facing various hurdles created by the judgment-debtors to be cleared.