M/S. Sasu Bohu Salt Factory vs Unknown
2023 Latest Caselaw 2405 Ori

           IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  C.M.P. No.655 of 2022
        M/s. Sasu Bohu Salt Factory, Balasore         ....                Petitioner(s)
                                                                Mr.U.C.Patnaik, Adv.


                                           -versus-
        The Collector, Bhadrak.                       ....                 Opp.Party(s)
                                                                Mr.S.P.Panda, AGA


                CORAM:
                     JUSTICE BISWANATH RATH
                                 ORDER

Order                           23.03.2023
No.2

1. Heard learned counsel appearing for the petitioner in part.

2. Looking to the nature of suit and the decree already involved and there is already declaration of right, title and interest in favour of the petitioner being confirmed by the Appellate Authority in disposal of First Appeal No.77 of 1985 further petitioner since in possession of the disputed property, this Court finds there is no scope of executing such judgment and decree. Further, looking to the relief sought for in the execution proceeding, this Court finds the attempt is made to execute the judgment and decree involved herein. Otherwise also looking to the reason of rejection of execution case, this Court does not find any scope for interfering in such order. At this stage of the matter, learned counsel appearing for the petitioner seeks time to have further search in the investigation.

3. Place this matter on 27.03.2023 for further herring on question of admission.

(Biswanath Rath) Judge

Sks