Janab Mohammad Irshad @ Md vs Kanapaka Indira Ravana Murty
2021 Latest Caselaw 11460 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              R.S.A. No.398 of 2014
            Janab Mohammad Irshad @ Md.             ....           Appellant
            Irshad Ansari
                                                Mr. D.R. Bhokta, Advocate
                                    -versus-
            Kanapaka Indira Ravana Murty      ....         Respondent
                              Mr. Basudev Mishra, Advocate (Caveator)
                      CORAM:
                      MR. JUSTICE D.DASH
                                        ORDER

09.11.2021 Order No.

07. 1. This matter is taken up through hybrid arrangement (virtual/physical mode).

2. Learned counsel for the Appellant is present. Learned counsel for the Respondent on advance appearance through Caveat files a memo annexing the certified copy of the compromise petition filed by the parties in the Execution Proceeding No.02 of 2014 of the Court of Senior Civil Judge, Nabarangpur, in Court today, which is taken on record.

3. Learned counsel for the Respondent submits that the Respondent being the decree holder in terms of the judgment and decree passed by the learned Additional District Judge, Nabarangpur in R.F.A. No.12 of 14 had levied the Execution Proceeding No.2 of 2014 before the Executing Court. He further submits that the parties have amicably resolved their dispute giving rise to the case and accordingly, they have filed an application before the Executing Court to pass appropriate order.

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4. He submits that in terms of the said compromise, this Appellant (JDR) was to deliver the possession of the said suit shop to the Respondent (decree holder) within a week from that date of filing the Application, i.e., 14.10.2014 in finally putting an end to the litigation. He submits that the Parties have already acted upon the said settlement as amicably arrived at.

5. Taking into account the developments as afore-stated, this Court thus finds that there stands no need to keep the matter further pending on the board.

6. Accordingly, the Appeal stands dismissed.

Issue urgent certified copy as per rules.

(D. Dash) Judge Himansu