Nilakantha Mahanta & Others vs Unknown
2021 Latest Caselaw 12537 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CMP NO.704 OF 2016

            Nilakantha Mahanta & Others           ....           Petitioners
                                            Mr. P.K. Rath, Advocate
                                  -versus-
            Govinda Mahanta & Others               ....           Opp.Parties

                                          Mr. S. Mishra, Advocate
                     CORAM:
                     MR. JUSTICE D.DASH
                                      ORDER

06.12.2021 Order No.

12. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

The judgment in the case had been delivered by this Court in CMP No. 704 of 2016 on 15.7.2017. This Court then while quashing the order passed by the learned Civil Judge (Senior Division), Keonjhar in CMA No. 05 of 2005 arising out of Execution Case No. 22 of 1994 as well as the consequential order dated 27.01.2016 passed in the said execution case had remitted the matter to the court below with a direction to dispose of the CMA strictly following the direction as given under order dated 25.2.2015 passed by this Court in W.P.(C) Nos. 1438 and 5737 of 2009 within a period of three months w.e.f. 01.08.2017.

This letter of Senior Civil Judge, Keonjhar is dated 11.11.2021 which itself is about four years after the expiry of the period stipulated in the order. It's really shocking to note that the court below instead of seeking the extension

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within a reasonable time from the expiry of the period prescribed and instead making an endeavour to dispose of the matter within this four years has written this letter as if, the period stipulated in that order having expired, it was impermissible for the court below to do the needful in carrying out the order of this Court. The move as also the inaction is thus deprecated.

However taking into account the fact that Pandemic Covid-19 situation was prevailing for one and half year, it is directed that the order dated 15.7.2017 passed in CMP No. 704 of 2016 be carried out in its letter and spirit by the end of January, 2022 and a report as to the compliance of the same be sent to this Court so as to reach during the 1st week of February, 2022 positively.

The order be communicated to the Executing Court forthwith.

(D. Dash), Judge.

Aks