AI Structured Summary
Not yet generated for this judgment
Judgment
P.K. Misra, J.—The defendant, judgment-debtor, has filed this civil revision challenging the legality of the order dated 16.5.1997 passed by the Civil Judge (Sr.Divn.), Ind Court, Cuttack, in Execution Case No. 7 of 1985.
Though the counsel for both the parties have addressed on several questions, in view of the order proposed to be passed, it is not necessary to notice the contentions raised by the counsel for the parties, nor it is necessary to detail the facts of the case. The operative portions of the order passed by the executing Court is as follows :
"............... Put up on 24.6.1997 when the office is to make fresh calculation. After the calculation is made by the office, the further prayer of the Decree-Holder for his entitlement of the differential amount is to be considered........."
Though, subsequently, the Court observed that the petition is disposed of accordingly, it is obvious that the Court has not passed any final order prejudicially affecting the rights of the parties. Since, in my opinion, no order has been passed which can be said to have affected the rights of the parties, the civil revision itself appears to be premature. However, in order to allay apprehension, if any, of either party, it is made clear that the order dated 16.5.1997 shall not be taken to be an expression of any opinion of the Court below on the points raised before it and the matter is required to be disposed of afresh by the Court in accordance with law by considering all questions faised or to be raised by both the parties without being influenced by any of the observations made in the impugned order dated 16.5.1997. It is made further clear that any of the parties is free to approach the higher forum in accordance with law if aggrieved by the order of the executing Court.
Subject to the aforesaid clarification and observation, the civil revision is disposed of.
There will be no order as to costs.