Astami Sai And Others vs Jagyaseni Deo
2023 Latest Caselaw 4163 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                          CMP NO. 317 OF 2023
                       Astami Sai and others                 ....      Petitioners
                                                Mr. Kalpataru Khuntia, Advocate
                                              -versus-
                       Jagyaseni Deo                         ....      Opp. Party


                              CORAM:
                              JUSTICE K.R. MOHAPATRA
                                            ORDER

      Order No.                            21.04.2023

         1.       1.      This matter is taken up through hybrid mode.

2. The Petitioners in this CMP seek to assail the order dated 1st February, 2023 (Annexure-3) passed by learned Senior Civil Judge, Rajgangpur in Execution Case No.7 of 2021, whereby an application under Section 47 C.P.C. filed by them has been rejected.

3. Mr. Khuntia, learned counsel for the Petitioners submits that in the meantime, assailing the judgment and decree passed in C.S. No.95 of 2010, RSA No.87 of 2021 has been filed before this Court and vide order dated 6th April, 2023, this Court directed stay of further proceeding in Execution Case No.7 of 2021 (arising out of C.S. No.95 of 2010) pending in the Court of learned Senior Civil Judge, Rajgangpur till 17th August, 2023 and the appeal is posted for hearing on that date. In that view of the matter, he does not want to press the CMP.

4. In view of such submission, the CMP is disposed of as not pressed.

                                                    (K.R. Mohapatra)
bks                                                       Judge