Faisal Ashraf vs Md. Wasim Alam
2021 Latest Caselaw 12894 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CMP No.617 of 2021

                 Faisal Ashraf                          ....       Petitioner
                                          Mr. Anama Charan Panda, Advocate

                                           -versus-

                 Md. Wasim Alam                             ....    Opp. Party


                            CORAM:
                            JUSTICE K.R. MOHAPATRA

                                       ORDER

Order No.                             15.12.2021
  1.        1.      This matter is taken up through hybrid mode.

2. This CMP has been filed for a direction to learned Civil Judge (Junior Division), Panposh, Rourkela to dispose of Execution Case No.2 of 2014 at an early date.

3. Mr. Panda, learned counsel for the Petitioner submits that the Petitioner being a landlord has filed CS No.58 of 2012 before learned Civil Judge (Junior Division), Panposh, Rourkela against the tenant for eviction and realization of arrear rent. The suit was decreed on 12th November, 2013 with a direction to Defendant/Opposite party to deliver vacant possession of the suit shop room to the Plaintiff within a period of three months and to pay arrear rent amounting Rs.1200/- per month with effect from November, 2011 till delivery of possession of the suit shop room. The said judgment and decree has never been challenged; hence attained finality. As the Defendant / Opposite Party did not deliver vacant possession of the suit shop room, the Petitioner filed Execution Case No.2 of 2014. Although the

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matter is otherwise ready for hearing, Defendant/Opposite Party is protracting the litigation by filing one petition or the other, as a result of which the Petitioner is prevented from enjoying the fruit of the decree for last eight years. He, therefore prays for a direction to executing Court to dispose of the execution proceeding at an early date.

4. Taking into consideration the submission made by Mr. Panda, learned counsel for the Petitioner, this Court is of the considered opinion that learned executing Court should make an endeavour for early disposal of Execution Case No.2 of 2014.

5. The Court cannot prevent the parties from filing appropriate application(s) to protect their interest in the execution proceeding. But, at the same time, the executing Court should be cautious in dealing with the said applications. Frivolous application(s) should not be entertained and should be disposed of either on the same day or on the next day. Unnecessary adjournments should not also be granted in the execution proceeding.

5. Accordingly, this Court directs the learned Civil Judge (Junior Division), Panposh, Rourkela, i.e., the executing Court to proceed with the Execution Case No.2 of 2014 expeditiously and make an endeavour for early disposal of the same keeping in mind the observations made above, if there is no legal impediment.

6. The CMP is disposed of accordingly.

Issue urgent certified copy of the order on proper application.

s.s.satapathy (K.R. Mohapatra) Judge