Orissa High Court
Rajesh Kumar And Another vs Shamshud Bano on 21 August, 2023
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 22-Aug-2023 17:55:33
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 891 OF 2023
Rajesh Kumar and another .... Petitioners
Mr. Goutam Mukherji, Senior Advocate
being assisted by Mr. A. Mishra, Advocate
-versus-
Shamshud Bano .... Opp. Party
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 21.08.2023
01. 1. This matter is taken up through hybrid mode.
2. The Petitioners in this CMP seek to assail the order dated
11th October, 2022 (Annexure-2) passed by learned Senior Civil
Judge Rourkela in Execution Case No.12 of 2018, whereby the
interim order of stay of execution case, has been vacated.
3. Mr. Mukherji, learned Senior Advocate submits that the
Petitioners are the judgment debtors in Execution Case No.12 of
2018. They have filed R.S.A. No.344 of 2018 before this Court.
The RSA was listed on 28th September, 2022. While adjourning
the matter, this Court extended the interim order till the next
date. The appeal has not been listed thereafter. In the meantime,
the matter was listed before learned executing Court on 21st
March, 2023 on which date, although the Petitioner filed the
certified copy of the order dated 28th September, 2022 passed by
this Court in RSA No.344 of 2018, but learned executing Court
instead of restoring the order staying further proceeding of the
execution case, posted the matter to 31st March, 2023 for hearing
of the execution case. In that process, execution case is now
posted for delivery of possession and for S.R. of warrant to the
Signature Not Verified // 2 //
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 22-Aug-2023 17:55:33
bailiff. It is his submission that in spite of his best efforts, the
second appeal pending before this Court could not be listed
either for further hearing or for extension of interim order. Thus,
the Petitioners will be highly prejudiced, if the execution
proceeding is allowed to continue. Hence, he prays for setting
aside the impugned order under Annexure-2 and to stay
execution proceeding till disposal of RSA No.344 of 2018.
4. Taking into consideration the submission made by Mr.
Mukherji, learned Senior Advocate for the Petitioners, this Court
is of the considered opinion that since the Petitioners are making
an endeavour to get RSA No.344 of 2018 listed for further
hearing/ extension of interim order, the execution proceeding
should be stayed for a reasonable period to enable the Petitioner
to get an order from this Court.
5. In view of the above, this Court while keeping in
abeyance the order dated 11th October, 2022 under Annexure-2
directs that further proceeding of Execution Case No.12 of 2018
pending before learned Senior Civil Judge, Rourkela shall
remain stayed till the end of November, 2023 to enable the
Petitioners to get an order from this Court in RSA No.344 of
2018.
6. With the aforesaid observation and direction, this CMP is
disposed of.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
ms Judge
