KUNTALA BEURA AND ANOTHER Vs. BAIKUNTHA BHOL

JUDGEMENT

(1.) This petition challenges the order dated 21.3.2018 passed by the learned Civil Judge (Junior Division), 1st Court, Cuttack in Execution Case No.15 of 2015, whereby and whereunder, learned executing court directed the J.Drs.- petitioners to deliver the vacant possession of Ac.0.02 dec. of land to the D.Hr. by removing the encroachment.

(2.) The plaintiff-opposite party instituted C.S.No.311 of 2013 for permanent injunction and recovery of possession in the event he is dispossessed during pendency of the suit. Learned trial court held that the plaintiff has not adduced any evidence that defendant nos.1, 2 and 4 have failed to establish that they are in possession of the suit land. The plaintiff is not entitled to recovery of possession. Held so, it decreed the suit on 8.5.2014.

(3.) Thereafter the D.Hr levied Execution Case No.15 of 2015. A petition was filed by the D.Hr for recovery of possession of Ac.0.02 dec. of land out of Ac.0.12 dec. of land appertaining to khata no.481 plot no.787 which is a part of the suit land. It is stated that after decree dated 8.5.2014, the J.Drs. have forcibly encroached upon an area Ac.0.02 dec. of land towards west of the suit plot no.787 on 21.1.2015. Learned executing court allowed the petition and directed the J.Drs. to deliver the vacant possession.