Rabindra @ Samaru Bhoi And vs Rabindra Kumar Bag And Others
2023 Latest Caselaw 13739 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              R.S.A. No.74 of 2013

            Rabindra @ Samaru Bhoi and                  ....               Appellant(s)
            another
                                                               Mr.P.K.Rath,Sr.Adv.
                                                                   Assisted by
                                                                 Ms.S. Das,Adv.
                                             -versus-

            Rabindra Kumar Bag and others               ....           Respondent(s)
                                                               Mr.D. Tripathy,Adv.
                        CORAM:
                        JUSTICE ANANDA CHANDRA BEHERA
                                   ORDER

Order No.                         06.11.2023
   23.      1.      This matter is taken up through hybrid arrangement
            (virtual/physical) mode.

2. Heard the Appeal from both the sides on the point of admission.

3. The Appeal is admitted formulating the following substantial question of law i.e.:-

<Whether the plea of title and as well as the plea of adverse possession taken by the Defendants (Appellants) simultaneously over the suit land for the dismissal of the suit of the Plaintiff vide C.S. No.88 of 2003 is sustainable under law?=

4. The Appeal along with I.A. be posted to 13.11.2023 for final hearing.

                                                              (A.C. Behera)
                                                                 Judge
                                           ORDER
Order No.                                 06.11.2023
   24.                               I.A. No.1232 of 2023

1. This I.A. has been filed by the Appellants praying for passing

of an order of stay of the further proceeding of the Execution Case

// 2 //

No.7 of 2013 arising out of the judgment and decree passed in C.S.

No.88 of 2003, in respect of which, this Second Appeal is subjudice.

2. Learned counsel for the Respondent No.1 (plaintiff in C.S.

No.88 of 2003) submitted that, in the Execution Case No.7 of 2013,

delivery of possession of the suit land has already been given in favour

of the decree holder i.e. plaintiff, to which, learned counsel for the

Appellants disputed.

3. According to the submission of the learned counsel for the

Appellants, in case, delivery of possession of the suit land through the

Execution of the decree in Execution Case No.07 of 2013 shall be

made, then the purpose of filing of the Second Appeal shall be

frustrated.

4. Taking into account to the above rival submissions of both the

sides, it is necessary to call for a report from the Executing Court,

whether Execution Case No.7 of 2013 is subjudice or the same has

already been disposed of. If the execution case will have already been

disposed of before this order, then this I.A. filed by the Appellants

shall become infructuous automatically.

5. Therefore, Registry is directed to call for a report from the

District Judge, Balangir through E-mail regarding the status of the

Execution Case No.7 of 2013 in the Court of Civil Judge (Sr.

Division), Balangir. So, during the pendency of this I.A., the further

// 3 //

proceedings of Execution Case No.07 of 2013 pending in the Court of

Civil Judge (Sr.Divn.), Balangir be stayed.

6. It is made clear here that, if before this order passed today in

this I.A., the Execution Case No.7 of 2013 will have already been

disposed of, then this order will have not force at all.

(A.C. Behera) Judge Utkalika

Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK

Reason: Authentication Location: High Court of Orissa Date: 10-Nov-2023 15:18:48