Orissa Court June 1978 Judgments
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Ananta Jena Vs. Deity Shri Gopinath Jew
Court: Orissa
Decided on: Jun-30-1978
Reported in: AIR1979Ori37
R.N. Misra, J. 1. This is a judgment-debtor's appeal against the affirming appellate order of the learned Subordinate Judge of Nayagarh. 2. The decree-holder-respondent obtained a decree in Title Suit No. 14/51 of 1972/71 in the court of the Munsif, Nayagarh for recovery of possession of the disputed property by evicting the judgment-debtor and for recovery of mesne profits. It levied execution of the said decree in Execution Case No. 18 of 1974. On notice, the judgment-debtor challenged the executability of the decree by filing an application under Section 47 of the Civil P. C, which came to be registered as M.J.C. No. 2 of 1975. The executing court dismissed the objection. On appeal, the learned Subordinate Judge upheld the dismissal. Hence this second appeal. 3. The sole contention of Mr. Pal for the judgment-debtor-appellant is that the lands from which the judgment-debtor was to be evicted constituted an estate and the same having already vested in the State of Orissa under the Or...
Radhamoni Padhiari Vs. Tangudu Jaganatham and anr.
Court: Orissa
Decided on: Jun-21-1978
Reported in: 46(1978)CLT168
ORDERR.N. Misra, J. 1. This is an application of the defendant No. 1 challenging the order dated 2-3-1977 made by the learned trial Judge rejecting her application under Order 9, Rule 7 of the Civil P. C.2. Money Suit No. 6 of 1976 was instituted on 20th March, 1976, for recovery of a sum of Rs. 2,500 along with interest on the footing that the defendant No. 1 had undertaken to pay the said amount representing 50% of the consideration of a registered sale-deed. Several adjournments were taken by the defendant to file written statement and the Court had given extension till 1st of Feb., 1977, peremptorily for the purpose. An application for further time to file written statement was rejected on 1st of Feb., 1977 and the suit was posted to 8-2-1977. On that date, defendant having not taken steps she was set ex parte and the suit was posted to 17-2-1977 for ex parte hearing. On this adjourned date, an application under Order 9, Rule 7 of the Civil P. C. was filed which the learned Trial J...
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