Bancha Behera @ Banchhanidhi vs Aintha Maharana & Others
2021 Latest Caselaw 10681 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                RSA No.460 of 2015

            Bancha Behera @ Banchhanidhi            ....          Appellant
            Behera & Others
                                                 Mr.B.K.Nayak-3, Advocate

                                   -versus-
            Aintha Maharana & Others                ....        Respondents
                                                              Mr. B.Baug,
                                                                 Advocate


                       CORAM:
                       MR. JUSTICE D.DASH
                                       ORDER

05.10.2021 Order No. Misc. Case No.36 of 2016

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

2. The Respondents, by filing this application, have prayed for appropriate modification of the interim order dated 30.11.2015 passed by this Court in Misc. Case No.1090 of 2015.

3. Heard learned counsel for the Parties.

4. Considering the submissions made and on going through the averments taken in the petition as well as the judgments passed by the courts below; further taking into account the substantial question of law formulated at the time of admission of this Appeal, the order dated 30.11.2015 passed in Misc. Case No.1090 of 2015 is hereby modified to the extent that the amount lying in deposit with the Executing Court in Execution Case No.28 of 2015 shall be paid to the

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Respondents upon their application and appropriate identification on submission of undertaking in the shape of affidavit that in the event they would be so required to refund the same, it would be so done positively within the timeframe as prescribed.

5. It is further clarified that the Respondents would also be accordingly paid with the amount as would be deposited by the Appellants pursuant to the earlier order dated 30.11.2015.

3. The misc. case is disposed of accordingly.

(D.Dash) Judge RSA No.460 of 2015 Order No.

10. 1. List this matter on 16.11.2021.

Issue urgent certified copy of this order as per rules.

(D.Dash) Judge

Basu