BIJAYA KUMAR SWAIN Vs. HAREKRUSHNA NAYAK

JUDGEMENT

(1.) Challenge has been made in this civil revision to the Order Dated 23rd April, 2007 passed by the Learned Civil Judge (Senior Division), Bhadrak in IA. No. 206 of 2007 rejecting the application filed by the Petitioner under Section 47 of the Civil Procedure Code.

(2.) THE brief facts of the case are as follows: The Judgment debtor filed an application under Section 47 of the Civil Procedure specifically raising the objections that the suit land Ac.0.31 % decs, is admittedly a portion of Ac. 1.13 decs. Though boundary has been mentioned in the suit schedule land, there is possibility of delivery of possession of wrong property as the dimension of the property has not been specified and there is no such measure settlement plot as has been described in the execution petition in the major settlement map. Therefore, he prayed to drop the execution proceeding as the description of the property has not been mentioned. Admittedly, Opposite Party filed a suit for a decree of declaration of right, title, interest and possession and permanent injunction. It is his case that he was doing business at Calcutta. He had purchased the suit land by registered sale deed dated 16.8.1966 and constructed a house over the same. The Defendant is his brother -in -law and he was handed over the sale deed to mutate his name and he was allowed to occupy the house but did not vacate the same. Therefore, the suit was filed with the above prayer.

(3.) THE Learned Civil Judge (Senior Division), Bhadrak who is the executing Court rejected the application of the Defendant filed, under Section 47 of the CPC on the ground that the description given was sufficient to identify the suit property.