Orissa High Court
Smt.Barada [email protected] Shee vs Barendra Shee And Others on 28 October, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.1779 of 2016
Smt.Barada [email protected] Shee .... Petitioner
Mr.Dwarika Prasad Mohanty, Advocate
-versus-
Barendra Shee and others .... Opp. Parties
Mr.Gopal Krushna Mohanty, Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 28.10.2021
Misc. Case No.1879 of 2016 & CMP No.1779 of 2016
6. 1. This matter is taken up through hybrid mode.
2. Heard Mr.Mishra, learned counsel for the Petitioners.
None appears for the Opposite Parties.
3. The I.A. has been filed for extension of interim order dated
15th November, 2016 passed in Misc. Case No.1755 of 2016.
However, on the prayer of learned counsel for the Petitioners, the
CMP is taken up for disposal.
4. Petitioners in this CMP seek to assail the order dated 18th
October, 2016 passed by learned Civil Judge (Senior Division),
Jeypore in Execution Petition No.41 of 1983.
5. It is submitted by Mr.Mishra, learned counsel for the
Petitioners that against the judgment and decree passed in TS
No.20 of 1980, the Petitioners as Appellants filed FA No.130 of
1983 before this Court. While considering the interim application,
this Court, vide order dated 16th December, 1983, directed as
under:-
"Heard.
Stay is made final subject to the conditions that
the appellants shall deposit the costs decreed within six
weeks hence and no further construction or alterations
shall be made by the appellants until disposal of this
appeal. If any of the conditions is not complied with,
this order of stay shall stand automatically vacated
without further reference to the Bench. The costs, if
deposited, shall be withdrawn by the respondent
without furnishing security."
5.1 During pendency of the execution proceeding, due to
extension of National Highway, the outer-wall of the house of the
Petitioners was damaged; hence, they have made some repairing
of the said outer-wall to protect the privacy of the female
members of the family. As the Petitioners-JDrs. had made some
repairing the DHrs.-Opposite Party No.1-Jagannath Mohapatro
filed an application for vacation of the interim order as there was
an observation in the order passed by this Court to the effect that
if any of the conditions in the order of stay is not complied with,
the order of stay shall automatically stand vacated without further
reference to the Bench. In view of such observation, the Executing
Court holding that the Petitioners themselves have admitted that
they have undertaken some construction work, vacated the order
of stay granted by this Court. Assailing the same, this CMP has
been filed.
6. While considering the IA, it appears that the First Appeal
is pending since 1983 and the interim order has been granted in
the present CMP directing stay of further proceeding in Execution
Case No.41 of 1983 (arising out of TS No.20 of 1980).
7. In view of the above, interest of justice will be best served
if a direction is made for early disposal of FA No.130 of 1983,
which was pending before this Court and has been transferred to
learned District Judge, Koraput at Jeypore. Accordingly, the CMP
is disposed of with a direction that FA No.130 of 1983 shall be
disposed of by the Appellate Court as expeditiously as possible
preferably within a period of six months giving opportunity of
hearing to the parties concerned. Interim order dated 15th
November, 2016 passed in Misc. Case No.1755 of 2016 shall
continue till then.
Issue urgent certified copy of the order on proper
application.
(K.R. Mohapatra)
Judge
s.s.satapathy
