Shantilata Panigrahi And vs Natabar Panigrahi And Others ..... ...
2025 Latest Caselaw 8540 Ori

Orissa High Court

Shantilata Panigrahi And vs Natabar Panigrahi And Others ..... ... on 20 September, 2025

      IN THE HIGH COURT OF ORISSA AT CUTTACK
                    CMAPL No.280 of 2025
Shantilata Panigrahi and        .....    Petitioners
others
                                               Represented By Adv. -
                                               Dwarika Prasad
                                               Mohanty

                            -versus-
Natabar Panigrahi and others         .....          Opposite Parties
                                               Represented By Adv. -

                      CORAM:
        MR. JUSTICE ANANDA CHANDRA BEHERA

                             ORDER

20.09.2025 Order No.

02. I.A. No.467 of 2025

1. The petitioners have filed the I.A. vide I.A. No.467 of 2025 under Section 5 of the Indian Limitation Act, 1963 praying for condonation of delay in filing the CMAPL No.280 of 2025.

2. The learned counsel for the Petitioners is directed to file requisites for issuance of notice to the Opposite Parties through Speed Post/Registered Post with A.D. within seven days.

3. List this matter on 30.10.2025.

( ANANDA CHANDRA BEHERA) Judge

1. This I.A. has been filed by the Petitioners praying for staying the further proceedings of the Execution Case No.3/2003 pending in the Court of the learned Additional Civil Judge (S.D.), Balasore for execution of the decree passed in a suit for partition vide O.S. No.144 of 1986.

2. Heard from the learned counsel for the Petitioners.

3. As per the submissions of the learned counsel for the Petitioners, after dismissal of the 2nd appeal vide S.A. No.462 of 2001 for the default of the Appellants/Petitioners (which was preferred challenging the decree passed by the learned 1st Appellate Court in T.A. No.40/1998 arising out of the Judgment and decree passed in O.S. No.144 of 1986), the CMAPL No.280 of 2025 under Order 41 Rule 19 of the CPC, 1908 along with I.A. No.467 of 2025 under Section 5 of the Indian Limitation Act, 1963 are pending before this Court on being filed by the Appellants as Petitioners for readmission of the 2nd appeal vide S.A. No.462 of 2001 after setting aside the dismissal order passed in S.A. No.462 of 2001.

When, the 2nd appeal vide S.A. No.462 of 2001 has not been restored as yet, then at this juncture, it is felt proper to dispose of this I.A. filed by the Petitioners giving liberty to the Petitioners to approach the learned Additional Civil Judge (S.D.), Balasore (wherein, the execution proceedings vide Execution Case No.3/2003

arising out of O.S. No.144 of 1986 is pending) by filing an application/petition for non-progress of the Execution Case No.3/2003 on the ground of pendency of these proceedings before this Court and in case of filing of such application, the learned Additional Civil Judge (S.D.), Balasore shall dispose of the same as per law.

5. As such, this I.A. is disposed of finally.

6. Urgent certified copy of this order be granted to the Petitioners on proper application.

( ANANDA CHANDRA BEHERA) Judge Binayak

Location: High Court of Orissa, Cuttack