Ashish Kumar Thakur vs Bishnu Prasad Agarwal
2022 Latest Caselaw 1539 Ori

                            IN THE HIGH COURT OF ORISSA AT CUTTACK
                                              C.M.P. No.160 of 2022

                       Ashish Kumar Thakur                      ....        Petitioner(s)
                                                                         Mr. S.K. Jhosi,
                                                                              Advocate
                                                    -versus-

                       Bishnu Prasad Agarwal                    ....     Opposite Party(s)

                                   CORAM:
                                   JUSTICE BISWANATH RATH
                                                    ORDER

25.02.2022 Order No.

01. 1. Heard Mr. Joshi, learned counsel on the question involved herein.

2. Considering the grounds raised herein and after going through the reasons made in the impugned order, this Court finds no ground to interfere therein. Petitioner has an appeal remedy as per his own submission. It is, therefore, open to the Petitioner to find-out any other option, if any.

3. Undisputedly, as per the own submission of Mr. Joshi, learned counsel for Petitioner an appeal involving the judgment and decree involved in execution proceeding is still pending. In such view of the matter, even though this Court is not inclined to interfere in the impugned order, however observes, the Petitioner has scope for getting appropriate order from the appellate Court.

4. The Civil Miscellaneous Petition stands disposed of.

(Biswanath Rath) Judge Ayaskanta Jena