PUSPA SHARMA Vs. KITEI NAYAK AND OTHERS

JUDGEMENT

(1.) This petition challenges the order dated 13.11.2017, passed by the learned Civil Judge, (Senior Division), First Court, Cuttack, in Execution Case No.20 of 2013, whereby and whereunder, learned executing court deferred the hearing of the petition filed by the D.Hr.-petitioner for appointment of a survey knowing commissioner to decide the maintainability of the execution proceeding.

(2.) This case has a chequered history. Plaintiff-petitioner instituted the Civil Suit no.14 of 2008 for declaration of right, title and interest, recovery of possession, in the event she is dispossessed from the suit property during pendency of the suit and permanent injunction, impleading opposite parties as defendants. The suit was decreed on 06.04.2011. The operating portion of the judgment is extracted hereunder:

(3.) Felt aggrieved, plaintiff filed RFA No.85 of 2011 before the learned District Judge, Cuttack, which was subsequently transferred to the court of leaned 3rd Addl. District Judge, Cuttack and renumbered as RFA No.117 of 2013. Learned appellate court dismissed the appeal holding inter alia that so in neither way it is emerging from the evidence that the plaintiff was not in possession or to have been dispossessed from the suit land at any time during pendency of the suit.