GHANASHYAM PRADHAN & ORS Vs. RAM PRATAP KHERIA

JUDGEMENT

(1.) The petitioners by filing this application have invoked the jurisdiction of this Court under Article 227 of the Constitution in impeaching the direction given by the learned Senior Civil Judge, Bhubaneswar to the salaried amin by correcting the name of the mouza of the land in question which is the subject matter of the Execution Case No. 109 of 1999.

(2.) The litigation between the parties has been going on for more than three and half decades by now. The opposite party as the plaintiff having filed the suit i.e. O.S. NO. 59 of 1983 on 20.01983, it stood decreed by judgment and decree dated 23.11998 and 23.01.1999 respectively. The decree holder who is the opposite party here having levied the execution proceeding on 03.01999, is yet to receive the fruit of the decree through the court of law. This shows that indeed the difficulties for the decree-holder in real and practical sense has commenced after getting a decree attaining finality being tested in first appeal and after withdrawal of the second appeal about nine years back.

(3.) At this juncture, it is felt apposite to have a quick run through the facts relating to the long journey that the lis has undertaken which would also throw light as to how and for what reason, the execution proceeding has not been culminated despite lapse of more than nineteen years, few months left to reach two decades, providing justification to the general impression of the litigant public that the miseries start after obtaining the decree and its only few fortunate decree holders who actually enjoy the real fruit of the decree during their life time.