Orissa High Court
CMP/539/2020 on 12 January, 2021
C.M.P. No.539 of 2020
04. 12.01.2021 Due to outbreak of COVID-19, this matter is taken
up through Video Conferencing.
Heard Mr. Sanjit Mohanty, learned Senior Advocate
being assisted by Mr. Adhiraj Mohanty, learned counsel
for the petitioner.
This CMP has been filed for a direction for early
disposal of Execution Case No.24 of 2012 pending in the
court of learned Civil Judge (Senior Division), 1st Court,
Cuttack.
Upon hearing Mr. Mohanty, learned Senior
Advocate appearing for the petitioner, this Court vide
order dated 22.12.2020 directed the learned Civil Judge
(Senior Division), 1st Court, Cuttack to submit a report
with regard to status of the Execution Case No.24 of 2012
pending before him. Pursuant to the said direction,
learned Civil Judge (Senior Division), 1st Court, Cuttack
submitted a report, which is enclosed to his letter No.5
dated 05.01.2021.
On perusal of the report submitted by learned Civil
Judge (Senior Division), 1st Court, Cuttack, it appears
that there are three legal impediments for disposal of the
Execution Case No.24 of 2012.
Firstly, the D.Hr., namely, the petitioner has not
deposited the cost for rendering police help pursuant to
the letter No.1028 dated 10.03.2016 issued by the
D.C.P., Cuttack.
Secondly, no petition for substitution of J.Dr.
No.1(b) has been filed, and
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Thirdly, J.Dr. Nos.1(d)(i) and 1(d)(ii) have filed a
petition with a prayer to dismiss the execution proceeding
for non-substitution of the LRs. of the J.Dr. No.1(b).
Mr. Mohanty, learned Senior Advocate appearing for
the petitioner submits that the petitioner is ready and
willing to deposit the cost for rendering police help for
execution of the decree. He further submits that in view
of the provisions under Order 22 Rule 4 (4) of C.P.C., no
substitution of J.Dr. No.1(b) is required as his
predecessor was a party to the suit, who had neither filed
any written statement nor filed any appeal against the
judgment and decree put to execution. Thus, he prays for
a direction to take up the petition filed by the J.Dr.
Nos.1(d)(i) and 1(d)(ii) at an early date and to proceed with
the execution case expeditiously.
Upon hearing Mr. Mohanty, learned Senior
Advocate and on perusal of the record, it appears that the
execution proceeding is pending for compliance of
aforesaid three impediments.
Since Mr. Mohanty, learned Senior Advocate
submits that the petitioner-D.Hr. is ready and willing to
deposit the cost of police help for execution of the decree,
she may file an application before the executing court
within a period of two weeks hence stating her readiness
to deposit the cost of police help and the said petition
shall be considered and disposed of within a period of
four weeks therefrom giving opportunity of hearing to the
parties concerned.
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He further submits that the petitioner-D.Hr. shall
file objection to the petition filed by J.Dr. Nos.1(d)(i) and
1(d)(ii). She may do so within a period of two weeks hence
serving copy thereof on learned counsel for other side. In
that event, learned Civil Judge (Senior Division), 1st
Court, Cuttack shall do well to proceed with the petition
filed by the J.Dr. Nos.1(d)(i) and 1(d)(ii) and make an
endeavour to dispose of said petition within a period of
two weeks therefrom, giving opportunity of hearing to the
parties concerned.
Thereafter, learned executing Court shall proceed
with the Execution Case No.24 of 2012 in accordance
with law, subject to the orders passed in the aforesaid
petitions, as expeditiously as possible and make an
endeavour to conclude the execution proceeding within a
period of six months.
With the aforesaid observation and direction, this
CMP is disposed of.
Since the CMP is disposed of without issuing any
notice to the opposite parties, they may seek for variation
of this order, if they feel aggrieved.
Authenticated copy of this order downloaded from
the website of this Court shall be treated at par with
certified copy in the manner prescribed in this Court's
Notice No.4587 dated 25.03.2020.
................................
K.R. MOHAPATRA,J.
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