Sundarmani Mishra vs Saraswati Behera & Ors. .... Opposite ...
2026 Latest Caselaw 3444 Ori

Orissa High Court

Sundarmani Mishra vs Saraswati Behera & Ors. .... Opposite ... on 15 April, 2026

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CMP No.1154 of 2019

            Sundarmani Mishra                         ....        Petitioner
                                                     Mr. S.K.Swain
                                                     Advocate


                                          -versus-
            Saraswati Behera & ors.                   ....      Opposite Parties
                                                     Mr. D.K.Sahoo, Advocate
                                                     Ms.Prabhasi Nayak,
                                                     Advocate.
            CORAM:

                       JUSTICE SASHIKANTA MISHRA
                                         ORDER

Order No. 15.4.2026.

11. 1. This matter is taken up through virtual mode.

2. As directed, learned counsel for the Opposite Parties has produced the certified copy the entire order sheet in the RFA and submits that no steps for moving the stay application being taken, the question of its rejection does not arise. She further submits that her client was wrongly instructed for which such a submission was made before this Court inadvertently. The certified copy be kept on record.

3. It is further stated at the bar that the first appeal is posted for hearing on 17.4.2026. Since an application for stay is already on record before the First Appellate Court being filed by the

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present petitioner as appellant and the First Appellate Court had itself passed an order to consider the same at the time of hearing, this Court directs the First Appellate Court to take up the stay petition at the first instance and pass appropriate orders in accordance with law on the next date i.e. on 17.4.2026.

4. This Court further directs that the execution case shall not proceed further till the next date i.e. on 17.4.2026 and thereafter as per the order to be passed by the First Appellate Court on the stay petition already on record.

5. The CMP is disposed of accordingly.

                                                                     (Sashikanta Mishra)
                     AKB                                                    Judge








Location: Orissa High Court, Cuttack