[Cites 1, Cited by 0]
Orissa High Court
Susil Kumar Mohanty @ Susil vs M/S. Janata Associations on 21 January, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.1998 of 2025
Susil Kumar Mohanty @ Susil ..... Petitioner
Chandra Mohanty
Represented by Adv. -
Ms. Deepali Mohapatra
-versus-
M/s. Janata Associations, ..... Opposite Party
Keonjhar
Represented by Adv. -
Mr. Amit Prasad Bose,
Senior Advocate
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
21.01.2026
Order No.
03. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard Ms. Deepali Mohapatra, learned counsel
appearing for the Petitioner as well as Mr. Amit Prasad Bose,
learned Senior Counsel appearing for the Opposite Party.
Perused the C.M.P application as well as the documents
annexed thereto.
3. By filing the present C.M.P application under Article
227 of the Constitution of India, the Petitioner (Appellant-
Judgment Debtor) in Execution Case No.01 of 2025, arising
out of Civil Suit No.33 of 2013, has challenged the order of
proclamation of sale passed by the learned executing court, i.e.
the learned Civil Judge (Senior Division), Champua vide order
dated 28.10.2025 in the above noted execution case.
4. Learned counsel for the Petitioner, at the outset,
contended that in Execution Case No.01 of 2025, the learned
executing court is in the process of executing an ex parte
decree passed in Civil Suit No.33 of 2013. She further
contended that as against the ex parte decree, which is sought
to be executed in the above noted execution case, the
Petitioner as Appellant has preferred an appeal bearing R.F.A
No.14 of 2017 before the learned District & Sessions Judge,
Keonjhar, which was later on transferred to the court of
learned Additional District Judge, Champua. She further
contended that due to laches on the part of the counsel for the
Appellant, the above noted appeal was dismissed due to non-
prosecution. Thereafter, the Appellant has filed an application
under Order-41 Rule-19 for restoration of the appeal along
with an application for condonation of delay. Since the above
noted C.M.A application was pending for adjudication, the
Petitioner could not have prayed before the learned appellate
court for stay of the executing proceeding. Accordingly, the
Execution Case No.01 of 2015 proceeded and finally, vide
order dated 28.10.2025, an order was passed for proclamation
of sale by the learned executing court.
5. While this was the position, the learned appellate court
took up the C.M.A application for consideration and finally
vide order dated 04.09.2025 has allowed the C.M.A
application thereby the R.F.A was restored to file. Such order
dated 04.09.2025 was assailed by the Respondent in the
appeal by filing C.M.P No.1757 of 2025. The said C.M.P was
taken up for consideration and has been disposed of today by a
separate order thereby upholding the restoration of the appeal
to its original file.
6. Mr. A.P. Bose, learned Senior Counsel appearing for the
Opposite Party contended before this Court a money decree
has been passed in C.S. No.33 of 2013 by the learned Civil
Judge (Senior Division), Champua. Such decree is being
executed in Execution Case No.1 of 2015 wherein the
Opposite Party is the decree holder. As per the decree passed
by the learned trial court, the Petitioner is required to pay a
sum of Rs.3,63,151/- to the Opposite Party.
7. Mr. A.P. Bose, learned Senior Counsel appearing for the
Opposite Party further alleged that the Petitioner has left no
stone unturned to prolong the trial and the execution of the
decree passed by the learned trial court. In view of the factual
background, learned Senior Counsel appearing for the
Opposite Party contended that this Court should not interfere
with the pending execution case and that the present
application, being devoid of merit, is liable to be dismissed at
the threshold.
8. Having regard to the submissions made by the learned
counsels appearing for both the sides and on a careful
consideration of such submission, further taking into
consideration the entire scenario, this Court is of the view that
since the appeal has already been restored to file, it would be
just, fair and proper to direct the learned appellate court to
consider and dispose of the appeal preferred against the
ex parte decree as expeditiously as possible. Moreover, to
protect the interest of the Opposite Party-Decree Holder as
well as the Judgment Debtor, necessary consequential orders
will be passed so that no prejudice is caused to either side in
the entire process.
9. Keeping in view the peculiar facts and circumstances of
the present case, this Court deems it proper to dispose of the
present C.M.P. application by directing the Petitioner to
deposit a sum of Rs.1,00,000/- (Rupees one lakh) before the
learned executing court. Such deposit shall be kept in an
interest bearing fixed deposit account of a Nationalized Bank
pledged before the learned executing court. Subject to such
deposit, the execution proceeding shall remain stayed for a
period of three months.
10. Since the execution proceeding is being stayed by this
Court, this Court further directs the appellate court, i.e.
learned Additional District Judge, Champua to take up RFA
No.14 of 2017 for hearing and after providing of opportunity
of hearing to both sides, every endeavour shall be made to
dispose of the appeal as expeditiously as possible, preferably
within a period of three month from the date of
communication of a certified copy of this order. Both the
Petitioner as well as the Opposite Party shall appear before the
learned appellate court within a week from today along with a
copy of this order.
11. Learned counsels appearing for the respective parties in
the appeal are requested to cooperate with the learned
appellate court for an early disposal of the appeal and they
shall not seek unnecessary adjournments as has been
undertaken by the respective counsels before this Court.
12. With the aforesaid observation and direction, the CMP
stands disposed of.
(Aditya Kumar Mohapatra)
Judge
Debasis
