Orissa High Court
Nilamadhab Das vs Mahabila Gp And Another on 4 July, 2023
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Designation: Secreatary
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 05-Jul-2023 11:09:43
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.1292 of 2018
Nilamadhab Das .... Petitioner
Mr. Swarup Kumar Patnaik, Advocate
-versus-
Mahabila GP and another .... Opp. Parties
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 04.07.2023
11. 1. This matter is taken up through hybrid mode.
2. Petitioner in this CMP seeks to assail the order dated
20th March, 2018 (Annexure-7) passed by learned Senior Civil
Judge, Baripada in Execution Case No.15 of 2015, whereby a
petition filed by the Petitioner with a prayer to direct the Civil
Court Commissioner to deliver vacant possession of the suit
land has been rejected.
3. It is submitted by Mr. Patnaik, learned counsel for the
Petitioner that CS No.309 of 2014 was filed for eviction of the
Defendants/Opposite parties. The suit was allowed vide
judgment dated 13th August, 2015 (Annexure-2) with the
following order:-
"O R D E R
The suit is decreed on contest against the
defendant no.1 without any cost. The plaintiff and the
proforma defendant no. 2 are entitled to decree of
eviction against the defendant no.1. It is directed that the
defendant. no.1 will deliver vacant possession of 600 Sq.
links of the Khata No.107/33 bearing Plot No. 146/670
towards northern side over which three shop rooms are
existing in favour of the plaintiff and proforma defendant
no.2 within one month from the date of receipt of copy of
this order, failing which, the plaintiff is at liberty to get
the order executed as per law. Pleaders fee be assessed at
the contested scale."
Signature Not Verified // 2 //
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Designation: Secreatary
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 05-Jul-2023 11:09:43
Accordingly, the decree was signed on 10th September, 2015.
Since the Opposite Parties did not deliver vacant possession of the
suit land, Execution Case No.15 of 2015 was filed. During
pendency of the Execution Case, Petitioner/DHr. filed the
aforesaid application, which was rejected on the ground that since
the sale deed in question was not accompanied by a trace map of
Plot No.146/670 under Khata No.107/33 (suit land), the Petitioner
should have filed a map for delivery of possession. As such, the
impugned order has been passed rejecting such application.
3.1 Although it is submitted by Mr. Patnaik, learned counsel
for the Petitioner that the map has been given in the decree
itself, but in course of hearing, he submits that the Petitioner
will file a sketch map of the suit plot to enable the Civil Court
Commissioner for delivery of possession. He further submits
that if an opportunity is given Petitioner shall file an
application within two weeks.
4. Accordingly, this Court disposes of the CMP with a
direction that in the event the Petitioner files an application for
a direction to the Civil Court Commissioner to deliver vacant
possession of the suit land along with the sketch map the same
shall be considered as expeditiously as possible, preferably
within a period of three weeks therefrom in accordance with
law giving opportunity of hearing to the parties concerned.
5. Interim order dated 16th January, 2019 passed in IA
No.1386 of 2018 stands vacated.
Issue urgent certified copy of the order on proper
application.
(K.R. Mohapatra)
s.s.satapathy Judge
