Orissa High Court
Kalyani Swain & Others vs Bijay Kumar Swain & Others .... Opposite ... on 18 February, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.153 of 2024
Kalyani Swain & others .... Petitioners
Mr. A.C. Mohapatra, Advocate
-Versus-
Bijay Kumar Swain & others .... Opposite Parties
Mr. S.C. Samantaray, Advocate
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
18.02.2025
Order No.
01. 1. Heard learned counsel for the petitioners.
2. Pursuant to the order dated 10th April, 2024, Mr.
Samantaray, learned counsel for the opposite parties filed copy of
the order in CMA No.175 of 2021 and other relevant documents
along with a memo today, which is accepted and taken on record.
3. Instant petition is filed by the petitioners challenging the
impugned judgment dated 29th January, 2024 in Civil Revision Case
No.06 of 2021 confirming the order in CMA No.152 of 2021
corresponding to Execution Case No.13 of 2012 on the grounds
stated therein.
4. Learned counsel for the petitioners would submit that there
is nothing on record to show dispossession of the decree holders
and considering the decree for injunction simplicitor, recovery of
possession cannot be claimed, hence, therefore, the same is not
executable, however, Mr. Samantray, learned counsel for the
opposite parties opposed it.
5. To consider and deal with the submissions of learned
counsels for the respective parties, Mr. Samantray, learned counsel
for the opposite parties is directed filed a detailed affidavit to meet
the contention of Mr. Mohapatra, learned counsel for the
petitioners, as to whether the decree is executable or not.
6. List on 11th March, 2025 for orders.
(R.K. Pattanaik)
Judge
02. 1. Heard learned counsel for the petitioners.
2. Instant petition is filed by the petitioners for appropriate
orders.
3. Considering the submission of learned counsel for the
petitioners, filing of the certified copy of the order of Annexure-2 is
hereby dispensed with.
4. The I.A. is accordingly, disposed of.
(R.K. Pattanaik)
Judge
03. 1. Heard learned counsel for the respective parties.
2. Instant petition is filed by the petitioners for staying
delivery of possession vis-à-vis Execution Case No. 13 of 2012
pending in the Court of learned 1st Additional Senior Civil Judge,
Cuttack on the grounds stated.
3. Though, the Court is not inclined to direct any such stay of
execution proceeding, however, grants liberty to the petitioners to
seek an adjournment on the date fixed, in case, any such request is
received from them, learned 1st Additional Senior Civil Judge,
Cuttack shall defer the hearing in Execution Case No. 13 of 2012 to
any future date latter to 11th March, 2025.
4. List on the date fixed.
5. Urgent certified copy of this order be issued as per rules.
(R.K. Pattanaik)
Judge
Balaram
