Appeal by Special Leave from the Judgment and order dated the 4 11 74 of the orissa High Court in M.A. No.
The defendant State of orissa, did number file an appeal and the decree became final.
The case was transferred to the companyrt of the Subordinate Judge of Sundargarh.
Decree holder Dwivedi applied for its execution.
The Council and the State then made an application under s. 47 of the Code of Civil Procedure stating A that the decree was number executable because the orissa Merged Territories Village offices Abolition Act, 1963, hereinafter referred to as the Act, had companye into force in the area on April 1, 1966, and the bhogra land in question had vested in the State free from all encumbrances.
An objection was taken there by the Notified Area Council, Rourkela, respondent No.
He applied for and obtained special leave, and has filed the present appeal.
Decree holder Dwivedi felt aggrieved, and filed an appeal which was heard by Additional District Judge, Sundargarh, who held by his order dated May 2, 1970 that the decree was executable.
He therefore set aside the order of the execution companyrt, and the State of orissa and the Council went up in appeal to the High Court.
The suit was decreed on October 14, 1958, in respect of 3.45 acres.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Council applied for revision or the order of rejection, but its application was dismissed with the observation that the Council might file a regular suit for adjudication of its right if it so desired.
The objection application was however rejected by the execution companyrt on March 31, 1965.
S. Pathak, Santosh Chatterjee and G. S. Chatterjee for the Appellant.
89 of village Mahulpali claiming it as his ganju bhogra land.
2 and Vinoo Bhagat for the Respondent No.
37 and 38 and order XXI rule 58 of the Code of Civil Procedure on the ground that it was in actual physical possession of the land.
Sachin Chowdhury Respondent No.
2, hereinafter referred to as the Council, under ss.
No suit was filed by the Council and decreeholder Dwivedi filed an application on September S, 1966 for proceeding with the execution of his decree.
577 of 1975.
99 meaguring 3.80 acres in khata No.
The Judgment of the Court was delivered by SHlNGHAL J., Maguni Charan Dwivedi, the appellant, filed a title suit in the Court of Munsif, Sundargarh against the State of orissa, for declaration of his title and recovery of possession of plot No.
75 of 1970.
