SANJUKTA SAHU Vs. SAILABALA MISHRA

JUDGEMENT

(1.) IN this Review Petition, the petitioner who was petitioner in W.P.(C) No.11060 of 2008 seeks to review the judgment dated 02.12.2008 passed in the said Writ Petition mainly on the ground that the point of law as enunciated in the decisions reported in AIR 1997 SC 856 and (V -93) 2002 CLT 80 could not brought to the notice of this Court in course of hearing of the Writ Petition.

(2.) ADMITTEDLY the petitioner filed W.P.(C) No.11060 of 2008 with a prayer to quash the order dated 25.7.2008 passed by the learned Civil Judge (Senior Division), Talcher in Execution Case No.2 of 2002. In the said execution case the judgment and decree passed in T.S. No.9 of 1979/2 of 1982 of the Court of the then Subordinate Judge, Talcher which was upheld in T.A. No.1 of 1995 by the learned District Judge, Dhenkanal and was conformed by this Court in Second Appeal No.23 of 1989 was sought to be executed.

(3.) THE executing Court after hearing learned counsel for the parties, issued direction to the Amin Commissioner to effect delivery of possession of the suit property by breaking open the locks with the aid of police. It further appears that the petitioner, who is a stranger to the litigation filed a petition under Section 47 read with Order 41, Rule 16 of C.P.C. resisting the execution and prayed that without disposing of the said petition the executing Court should not issue a Writ of delivery of possession. The executing Court, however, by the impugned order rejected the said petition. The said order was assailed before this Court in the aforesaid Writ Petition.