Orissa High Court
Jena Dei Thakurani vs Sarat Chandra Sahoo & Others .... ... on 11 June, 2024
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
C.M.P. No.642 of 2024
Jena Dei Thakurani, Bije Dhurusia & .... Petitioners
others
Mr. Sourya Sundar Das, Sr. Advocate
being assisted by Mr. Pranab Kumar
Ghose, Advocate
-versus-
Sarat Chandra Sahoo & others .... Opposite Parties
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
01. 11.06.2024
This matter is taken up through Hybrid Mode.
I.A. No.696 of 2024
2. This Interlocutory Application has been filed for dispensing
with the filing of the certified copy of the order dated 13.05.2024
passed in Execution Case No.1 of 2015 under Annexure-15 series.
3. Heard.
4. Considering the reasons stated in the I.A., filing of certified
copy of the order dated 13.05.2024 passed in Execution Case No.1 of
2015 under Annexure-15 series is dispensed with for the time being.
The same be filed by 19.07.2024.
5. Accordingly, the I.A. stands disposed of.
C.M.P. No.642 of 2024 /I.A. No.695 of 2024
6. Jena Dei Thakurani, Bije Dhurusia, Marfatdar, Odisha
Hindu Devottar Board has filed this C.M.P. under Article 227 of the
Constitution of India to challenge the orders dated 10.05.2024 and
Page 1 of 3
13.05.2024 passed by the learned Civil Judge (Junior Division),
Athgarh in Execution Case No.1 of 2015 under Annexure-15 series.
The said orders are said to have been passed on an application filed
by the plaintiffs-decree holders in Civil Suit No.5 of 2004.
7. It is submitted by Mr. S.S. Das, learned senior counsel being
assisted by Mr. P.K. Ghose, learned counsel for the petitioners that
while the petition under Order-21, Rule-99 of the Code of Civil
Procedure was pending consideration to be adjudicated under Order-
21, Rule-101 of C.P.C., the learned Civil Judge (Junior Division),
Athgarh could not have issued writ vide judgment dated 13.05.2024,
which is re-produced hereunder:-
"The record is put up today for filing of fresh requisites by the learned
counsel for the DHRs for issuance of the writ. Perused the case record
and notice and documents which are to be issued to the Civil Court
Commissioner are already with the case record. Advocate for the
DHRs filed writ form i.e. P-17 and Form J-28. Perused the all
documents, office check on the requisites for issuance of writ is ready.
Seen. Perused the notice that no defects are found. Hence, in the
interest of justice issued writ to the Civil Court Commissioner namely
Javad Akhtar and also to the bailiff to identify the decreetal land by
the Civil Court Commissioner and deliver the possession by the bailiff
as per judgment decree in C.S.(1) 5 of 2004 and RFA 3 of 2005 and
report. Put up on 01.07.2024 awaiting report."
8. Vide order dated 10.05.2024 passed in Execution Case No.1
of 2015, the learned Civil Judge (Junior Division), Athgarh though
noticed that the petition was filed by the decree holders for issue of
writ for delivery of possession and was aware of the fact that the
present petitioners were not made party in the suit nor in the First
Appeal bearing RFA No.3 of 2005 before the learned Additional
District Judge, Athgarh. It is noted by the learned Civil Judge (Junior
Division), Athgarh as follows:-
Page 2 of 3
"The case record discloses that the present execution has been filed to
execute the order passed by the Hon'ble Court of Addl. District and
Sessions Judge, Athgarh in RFA No.3 of 2005. The Hon'ble Court had
observed the following:-
"in the result the appeal is allowed and judgment and decree
of the learned lower court are set aside. It is made clear that
the defendants/respondents shall not forcibly interfere with the
possession of the plaintiffs without taking recourse to
appropriate remedy available under the law."
9. In spite of such clear finding and the petitioners being not
made parties, who are in possession of the property in question, it is
submitted that the learned Civil Judge (Junior Division), Athgarh
ought not to have issued writ to the Civil Court Commissioner and
bailiff to identify the decreetal land and deliver the possession by the
bailiff as per judgment and decree in Civil Suit (1) 5 of 2004 and
RFA No.3 of 2005.
10. Issue notice to the opposite parties by registered post / speed
post with A.D., requisites for which shall be filed within three
working days. If the requisites are filed within the time stipulated,
Office shall send notice to the opposite parties fixing a short
returnable date.
11. List this matter in the week commencing 15.07.2024 before
the assigned Bench.
12. As an interim measure, the operation of the orders dated
10.05.2024 and 13.05.2024 vide Annexure-15 series shall be kept in
abeyance till 19.07.2024.
Signed by: LAXMIKANT MOHAPATRA
(M.S. Raman)
Designation: Senior Stenographer
Reason: Authentication Vacation Judge
MRS
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 11-Jun-2024 18:45:18
