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Orissa High Court
Shyam Sundar Panda vs State Of Odisha & Others .... Opp. ... on 5 February, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.3919 of 2026
Shyam Sundar Panda .... Petitioner
Mr. C.R. Pattnaik, Advocate
-versus-
State of Odisha & Others .... Opp. Parties
Mr. S.K. Parhi, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order ORDER
No. 05.02.2026
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel appearing for the
Petitioner and learned counsel for the State. Peruse
the writ application as well as the prayer made therein.
3. By filing the present application, the Execution
Case No.10 of 2016 arising out of GIA Case No.453 of
2011 pending in the court of the learned State
Education Tribunal has approached this Court for a
direction to the Executing Court to execute the
execution proceeding as expeditiously as possible.
4. Learned counsel appearing for the Petitioner, at the
outset, contended that although a money decree has
Location: HIGH COURT OF ORISSA, CUTTACK
been passed and the same is being executed in
Date: 10-Feb-2026 11:36:23
Execution Case No.10 of 2016 by the executing Court,
however, such execution is pending since 2016. He
further contended that although more than five years'
time has lapsed in the meantime, however, the
execution case has not progressed substantially. Being
aggrieved by such delay in conclusion of the execution
proceeding, the Decree Holder has approached this
Court for a specific direction to the executing court to
conclude the execution proceeding with utmost
urgency.
5. In course of his argument, learned counsel
appearing for the Petitioner referred to the judgment of
the Hon'ble Supreme Court in Periyammal (Dead)
Thr.Lrs & Ors. Vrs. V. Rajamani & Anr. Etc.,
reported in 2025(1) OLR (SC) - 833, submitted before
this Court that later judgment of the Supreme Court
has reiterated the principle laid down by the Hon'ble
Supreme Court in its earlier judgment in the case of
Rahul S. Shah. It is specifically referred to paragraph-
74 of the judgment in Periyammal's case (supra) and
submitted before this Court that the Hon'ble Supreme
Court has reiterated the mandatory direction contained
in paragraph-42.12 of the judgment in Rahul S.
Shah's case (supra) wherein it has been emphasized to
conclude the execution proceeding within six months
from the date of filing. He also referred to paragraph-75
of the Judgment in Periyammal's case (supra) wherein
the Hon'ble Supreme Court has given direction to all
Location: HIGH COURT OF ORISSA, CUTTACK
the High Courts to monitor the execution cases and to
Date: 10-Feb-2026 11:36:23
ensure that the same is concluded within the time as
has been stipulated in paragraph42 of the judgment in
Rahul S. Shah's case (supra).
6. In such view of the matter, learned counsel
appearing for the Petitioner submitted before this
Court that the learned executing court be directed to
follow the mandate of the Hon'ble Supreme Court and
to make every endeavor to conclude the execution
proceeding as expeditiously possible within the time
frame as specified by the Hon'ble Supreme Court in the
above noted judgments.
7. Having regard to the submission made by the
learned Counsel appearing for the Petitioner, this
Court is of the considered view that the direction of the
Hon'ble Supreme Court in Rahul S. Shah's case
(supra) is mandatory in nature. Moreover, in the
meanwhile, following the aforesaid judgment of the
Hon'ble Supreme Court, necessary amendments have
been carried out in the G.R.C.O. as well as the relevant
rules to ensure that the execution proceedings are
concluded as expeditiously possible. In the present
case, the decree sought to be executed being a money
decree, the learned trial court does not find any
difficulty in executing such decree.
8. In such view of the matter, the present CMP
application is disposed of with a direction to the trial
court to follow the mandatory direction of the Hon'ble
Location: HIGH COURT OF ORISSA, CUTTACK
Supreme Court in the judgment of Rahul S. Shah's
Date: 10-Feb-2026 11:36:23
case (supra) as contended in paragraph 42.12 and
later on reiterated in the judgment of Periyammal's
case (supra) in paragraph-74.
Accordingly, the learned trial court shall make
ever endeavor to expedite the execution case and
ensure that the same is concluded with a period of six
months.
(Aditya Kumar Mohapatra)
Judge
amit
Location: HIGH COURT OF ORISSA, CUTTACK
