Bhupendra Kumar Babu vs Anil Kumar Kabat
2023 Latest Caselaw 11684 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  R.S.A. No.457 of 2013


                 Bhupendra Kumar Babu                                Appellant
                                                       Mr. N.C. Pati, Advocate
                                           -versus-
                 Anil Kumar Kabat                     ....           Respondent

                                                        Mr. M. Basu, Advocate
                                     CORAM:
                            MR. JUSTICE A.C. BEHERA

                                            ORDER

Order No.                                  26.09.2023
                                      I.A. No.812 of 2023
    09.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Though this appeal was fixed to 31st of October, 2023, but on its mention from the side of appellant, the same was posted today.

3. This Interlocutory Application has been filed on behalf of the appellant under Section 151, C.P.C. praying for staying the further proceeding of the Execution Case No.31 of 2013, (which was filed to execute the judgment and decree passed in 1st appeal No.13 of 2011).

4. According to the learned counsel for the appellant, if during the pendency of this 2nd appeal, the execution proceeding shall be disposed of by delivering the possession of the suit land to the respondent, then the main object for filing this 2nd appeal shall be frustrated. The learned counsel for the respondent vehemently objected to the above petition of the appellant by contending that, the appellant instead of going for the final hearing of this appeal is // 2 //

protracting the same by filing this type of application.

5. It appears from the record that, this 2nd appeal is ready in its all respect for its final hearing.

6. The learned counsels of both the sides agreed for the final hearing of the appeal on the next date, if the same will be listed after Puja Vacation. When the learned counsels of both sides are ready for final hearing of this 2nd appeal and when it appears from the record that, earlier stay order was passed on 28.08.2014 in Misc. Case No.401 of 2014 filed by the appellant, then, at this juncture, the ends of justice will bestly be served, if the further proceedings of the execution case bearing No.31 of 2013 pending in the court of learned Civil Judge (Sr. Division), Baripada shall be stayed till the next date by disposing of this Interlocutory Application filed on behalf of the appellant. Therefore, the further proceeding of the Execution Case No.31 of 2013 pending in the court of learned Civil Judge (Sr. Division), Baripada be stayed till the next date of listing of the appeal and accordingly, this I.A. is disposed of finally.

                                                                             ( A.C. Behera )
                                                                                  Judge
                                                            R.S.A. No.457 of 2013
               10.                 7.    Heard.

8. List this matter after Puja Vacation for hearing.

( A.C. Behera ) Judge Signature Not Verified Jagabandhu Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 28-Sep-2023 11:36:18