PRABIR GHOSE Vs. BISESWAR DHARUA

JUDGEMENT

(1.) This petition challenges the order dated 18.8.2015 passed by the learned Civil Judge (Senior Division), Sambalpur in Execution Case No.11 of 2012 whereby and where under learned executing court rejected the application of the decree holder petitioner for substitution of the legal representative of the deceased judgment debtor-opposite party no.5.

(2.) The petitioner as plaintiff instituted Civil Suit No.79 of 2011 in the court of the learned Civil Judge (Senior Division), Sambalpur for a decree directing the defendants opposite parties to obtain permission under Section 22 of the Orissa Land Reforms Act and execute/register sale deed in respect of the suit property pursuant to the agreement dated 21.11.2006 or in the alternative refund an amount of Rs.7 lakhs with interest. The suit was decreed on 9.5.2012 directing the defendants to refund an amount of Rs.7 lakhs with interest @ 5% per annum from 18.8.2008 till realisation. Thereafter, the decree holder levied Execution Case No.11 of 2012 for realisation of the decreetal dues. While the matter stood thus, the decree holder filed an application for substitution of the judgment debtor-opposite party no.5 along with an application for condonation of delay. Learned trial court came to hold that earlier application seeking the same relief was rejected on 7.5.2013. The same has not been challenged. Held so, learned trial court rejected the application.

(3.) Heard Mr. Ramakanta Mohanty, learned Senior Advocate for the petitioner and Mr. Sanjeev Udgata, learned counsel for the opposite parties 2,4,5(a) to 5(c) and 6.