Padmabati Mahanta And Others vs The State Of Odisha And Another
2023 Latest Caselaw 5042 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.13250 OF 2023

            Padmabati Mahanta and others            ....         Petitioner(s)
                                                         Mr.P.K.Biswal,Adv.
                                        -versus-

            The State of Odisha and another         ....       Opposite Party(s)
                                                             Ms.S.Mishra,ASC



                      CORAM:
                      JUSTICE BISWANATH RATH
                                       ORDER

Order No.                             03.05.2023
   01.       1.     Heard learned counsel for the Parties.

2. The Writ Petition simply involves a direction for disposal of the Mutation Cases as mentioned in the prayer portion.

3. In course of submission Miss Mishra, learned State Counsel through paragraph-4 submits, there might be some impediment in view of the pendency of the Appeal involving judgment and decree in C.S. No.79 of 2014. There is clear submission in the bar that there is no stay of civil court judgment and decree in the pending Appeal but however the Appeal is still pending.

4. In such event this Court finds, there should not be any bar in disposal of the mutation cases in terms of the civil court judgment and decree. Preparation of Record of Rights in this situation may however be without prejudice to the rights and contentions of Parties in the pending Appeal.

5. Keeping this in view this Court in disposal of the Writ Petition directs the Tahasildar, Sukinda-Opposite Party No.2 to give a lawful disposal to the mutation cases bearing Mutation Case Nos.948, 949,

// 2 //

950 & 951 of 2022, however dependant on the civil court judgment and decree presently. Record of Rights likely to be prepared may also indicate grant of such Record of Rights shall be without prejudice to the claim of the parties in the pending Appeal. The entire exercise should be completed at least within a period of two months from the date of communication of this order by the Petitioners, but however involving the parties likely to be affected. Considering there is already Appeal against the judgment and decree of civil court, Petitioners herein shall be debarred to deal with the property involved without leave of the Appellate Authority.

6. With the above observation, the Writ Petition stands disposed of.

7. Free copy of this order be handed over to learned State Counsel.

(Biswanath Rath) Judge S.Dash

SWARN Digitally by signed

APRAV SWARNAPRAVA DASH

A DASH 13:19:53 +05'30' Date: 2023.05.04