KAMALAKANTA MOHANTY Vs. LAXMIKANTA MOHANTY

JUDGEMENT

(1.) THIS Writ Petition was filed against the impugned Order Dated 16.7.2008 by the Learned Civil Judge (Senior Division), Bhubaneswar in his Execution Case No. 47 of 2003 whereby the Order Dated 9.11.2006 passed by his predecessor allowing transfer of ownership of suit house in favour of decree holder was recalled and the parties were relegated to the stage of execution, that was done in order to enforce the orders of this Court in W.P. (C) No. 1374 of 2006.

(2.) THE Writ Petitioner as Plaintiff filed a suit in T.S. No. 79 of 1998 on the file of the Civil Judge (Senior Division), Bhubaneswar for mandatory injunction to direct his brother -(O.R No. 1 (Defendant No. 1) to abide by the agreement between the two and to transfer the land allotted to him by Bhubaneswar Development Authority (O.P. No. 2 - Defendant No. 2) in favour of Petitioner -Plaintiff or in the alternative to repay a sum of Rs. 3,60,000 which was received by Defendant No. 1 from Plaintiff for the purpose of the allotment above mentioned. The above parties will hereinafter be referred as they are mentioned in the plaint.

(3.) TRUE it is that on 12.2.1996, the house bearing No. 72 was allotted in favour of the Defendant. The Plaintiff being a NRI upon knowing the fact of allotment came to India and approached the former for transfer of the said house. The Defendant refuted the agreement and disowned the repayment of Rs. 3,60,000/ -. It is in that context, the suit in T.S. No. 79 of 1998 was filed by this Petitioner for mandatory injunction to transfer the suit house in his favour after getting sanction from the Defendant No. 2 -BDA or in the alternative to pay back Rs. 3,60,000/ - with 18% interest thereon till realization. On contest the said suit was decreed on 21.8.2003 and decree was passed to the following effect: