GITADEVI CHOUDHURY AND ORS. Vs. NARAYAN PATRA

JUDGEMENT

(1.) Since both the writ petitions arise out of a common award and the facts involved therein are similar, they were heard together and are being disposed of by this common order.

(2.) In both the writ applications, challenge has been made to the orders dated 13.2.2006 passed by the learned Civil Judge (Senior Division), Fast Court, Cuttack in Misc. Case Nos. 56 & 57 of 1998 arising out of Execution Case Nos. 74 & 75 of 1985 respectively whereby the court below allowed the applications filed by the opposite party -judgment debtor under Sec. 47 of the Code of Civil Procedure holding that the decree in question was executed, discharged and satisfied as there was nothing more left to be executed by the Executing Court except the execution of the specific performance of the contract which had already been executed.

(3.) The Petitioners are the decree holders. The predecessor -in -interest of the Petitioners instituted Title Suit Nos. 151 -113 of 1973 -76 and 150/22 of 1973 76 for specific performance of the contract for sale of immovable properties against the opposite party. On 31.07.1976, both the suits were decreed on contest against the Defendant with cost.