Sadhabani Behera And vs Shradhanjali Ray
2025 Latest Caselaw 1505 Ori

Orissa High Court

Sadhabani Behera And vs Shradhanjali Ray on 21 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CONTR No. 68 of 2022

            Sadhabani Behera and                 .....                               Petitioners
            another
                                                           Mr. Amit Prasad Bose, Advocate.
                                                 -Versus-
            Shradhanjali Ray, Asst.              .....                               Opp.Party
            Sessions Judge-cum- Civil
            Judge (Sr. Divn.),
            Kamakhyanagar


                                        CORAM:
                       THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
                                                          ORDER

21.07.2025

Order No. 1. This matter is taken up through hybrid mode.

1.

2. It is forcefully argued by Mr. A.P. Bose, learned counsel appearing for the petitioners that the order passed by this Court in I.A. No. 650 of 2019 dated 25.09.2019 has been deliberately violated by the presiding officer of the Executing Court, inasmuch as the ratio of Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation has been applied but the order of this Court has been deliberately misquoted in the impugned order. This Court observes that by order dated 25.09.2019 it was directed as follows:

"Heard learned counsel for the parties. Considering the submission made and the urgency involved, this Court directs that there shall be stay of further proceeding in Execution Application No.34 of 2018 pending before the Civil Judge, (Senior Division), Kamakhya Nagar, till disposal of the Second Appeal.

I.A. stands disposed of."

3. In the order dated 30.08.2022 passed in Execution Case No. 34 of 2018, learned Senior Civil Judge, Kamakhya Nagar,

inter alia, passed the following order.

"D.Hr is found absent so also the J.Dr. No step is taken today from either parties. On perusal of the case record, it reveals that vide order no.05 dt.25.09.2019 passed by Hon'ble High Court of Orissa in I.A. No.650 of 2019 arising out of RSA No.379 of 2018 further proceeding in this case was stayed till the next date. Since then the case record is lingering without any progress in want of further order of the Hon'ble Court. However, vide Judgment Dt.28.03.2018 passed in Criminal Appeal nos 1375-1376 of 2013 between ASIAN RESURFACING OF ROAD AGENCY PVT LTD & AND VS. CENTRAL BURUEAU OF INVESTIGATION, Hon'ble Apex Court of India has issued general direction regarding stayed cases. Same runs as follows;

                      xx                            xx                      xx"
                                                                [Emphasis added]

4. Reading of the order dated 25.09.2019 clearly shows that this Court had never passed any order of stay till the next date, rather such stay was granted till disposal of the Second Appeal. Prima facie, the order passed by the executing Court appears to be at variance from the order passed by this Court. Since it is a case involving a judicial officer, this Court deems it proper to first call for an explanation from the officer concerned, wherever she is posted at present, as to on what basis such order could be passed by her.

5. Registry is directed to communicate this order to the officer forthwith.

6. Her explanation should be submitted to this Court through the concerned District Judge.

7. List this matter on 11th August, 2025 in the supplementary list.

(Sashikanta Mishra) A.K. Rana

Location: HIGH COURT OF ORISSA, CUTTACK

Date: 23-Jul-2025 11:51:38