DHOBA MOHARANA Vs. LILI MOHARANA AND OTHERS

JUDGEMENT

(1.) This petition challenges the order dated 08.03.2019, passed by the learned Civil Judge (Senior Division), Dhenkanal, in Execution Case No.38 of 2006, whereby and whereunder, learned executing court rejected the application of the J.Dr. no.1-petitioner under Order 21 Rule 29 CPC to stay the further proceeding in execution case till disposal of C.S. No.54 of 2019.

(2.) Since the dispute lies in a very narrow compass, facts need not be recounted in details. Suffice it to say that plaintiffs- opposite party nos.1 to 4 instituted C.S. No.122 of 2004 before the learned Civil Judge (Senior Division), Dhenkanal, for declaration of right, title and interest over the suit property, confirmation of possession and recovery possession. Petitioner was defendant no.1 in the suit. The suit was decreed ex parte against defendant no.1 to 7 and 9 to 12. Thereafter, they levied Execution Case No.38 of 2006. While matter stood thus, J.Dr. No.1-petitioner as plaintiff instituted C.S. No.54 of 2019 in the same court for declaration of title, declaration that judgment and decree passed in C.S. No.122 of 2004, Execution Case No.38 of 2006 and RSD No.4111 of 1948 and 290 of 1953 as null and void, confirmation of possession and permanent injunction. He filed an application under Order 21 Rule 29 CPC to stay Execution Case No.38 of 2006 till disposal of the suit. Learned executing court dismissed the same.

(3.) Mr. Subrat Panda, learned counsel for the petitioner submits that the D.Hr. by playing fraud on court obtained the decree. The decree is not executable. In the meantime, J.Dr. no.1- petitioner has instituted C.S. No.54 of 2019. In view of the same, further proceeding in execution case be stayed till disposal of the suit.