LAWS(ORI)-2008-11-58

BIPLAB KUMAR SAHU Vs. PREMALATA SAHU AND ORS.

Decided On November 18, 2008
Biplab Kumar Sahu Appellant
V/S
Premalata Sahu And Ors. Respondents

JUDGEMENT

(1.) This appeal has been filed by the Appellant against the judgment and order of the Learned Single Judge dated 3.12.2007 directing the Execution Court to proceed without the application for execution recording a finding of fact that in earlier execution proceedings, one of the decree holder had filed an affidavit abandoning certain claim. No order had ever been passed taking into consideration the averments of the affidavit or recording that she had abandoned certain part of share mentioned therein and there was no bar in law to bring second execution proceeding.

(2.) Learned Counsel for the Appellant had taken us through the order passed by the Executing Court in Execution Case No. 2 of 1994 dated 28.10.1997 which reads as under: ª

(3.) On 10.11.1997, the matter was adjourned to 15.11.1997 and on 25.11.1997 the following order was passed.