) Jamini Kanta Mund vs ) Trupti Patnaik ..... Opposite Parties
2026 Latest Caselaw 914 Ori

Orissa High Court

) Jamini Kanta Mund vs ) Trupti Patnaik ..... Opposite Parties on 3 February, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CMP No.220 of 2026
            1) Jamini Kanta Mund           .....    Petitioners
            2) Deepjyoti Mund                           Represented by Adv. -
                                                        Sujata Jena

                                        -versus-
            1) Trupti Patnaik                   .....        Opposite Parties
            2) Amrit Mohanty                            Represented by Adv. -

                                                        Mr. D.K. Sahu, AGA

                                   CORAM:
                    MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                        ORDER

03.02.2026 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioners. Perused the CMP application as well as the prayer made therein.

3. By filing the present CMP application under Article 227 of the Constitution of India, the learned counsel for the Defendant- Petitioners challenges the conduct of the learned trial Court in proceeding with the execution case.

4. Learned counsel for the Defendant-Petitioners contended that an ex-parte decree was passed against the Defendant- Petitioners in the suit. She further contended that although application has been filed under Order 9 Rule 13 to set aside such ex-parte decree however, the learned trial court without taking of such application under Order 9 Rule 13 in proceeding

with the execution case.

5. Being aggrieved by continuance of the execution proceeding, during pendency of the application under Order 9 Rule 13 the Defendant-Petitioners has approached this Court by filing the present application.

6. Issue notice to the Opposite Parties by Speed Post with A.D. by fixing a short returnable date. Requisites be filed within three working days.

7. List this matter in the week commencing 16.03.2026.

8. Heard.

9. As an interim measure, it is directed that on an application is filed by the Petitioner seeking adjournment of the proceeding in Execution Case No. 02 of 2024 pending before the learned Civil Judge (Senior Division)-cum- Women's Court, Bhawanipatna, Kalahandi, the learned Executing Court shall be adjourned the execution proceeding for a period of six weeks.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge

Sisir

Designation: Personal Assistant