Orissa High Court
CMP/1484/2026 of RAMA PURTI Vs LAXMIDHAR ROUT on 9 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1484 of 2026 CNR No. ODHC010680862026 Rama Purti & Ors. ..…... Petitioner (s) Mr. Debakant Mohanty, Adv. -Versus- Laxmidhar Rout & Ors. .. .…. Opposite Party (s) Mr. S.K. Samantaray, Adv. CORAM: DR. JUSTICE SANJEEB K
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 1484 of 2026
CNR No. ODHC010680862026
Rama Purti & Ors.
..…...
Petitioner (s)
Mr. Debakant Mohanty, Adv.
-Versus-
Laxmidhar Rout & Ors.
.. .….
Opposite Party (s)
Mr. S.K. Samantaray, Adv.
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
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ORDER
09.09.2026 Order No.
01.
1. This matter is taken up through hybrid arrangement.
2. In the present CMP, the Petitioners seek a direction to the learned executing Court, i.e., the learned Civil Judge, Senior Division (LR and LTV), Bhubaneswar, not to proceed with Execution Case No.48 of 2018 till disposal of I.A. No.1 of 2026 filed by the Petitioners/Defendants under Section 47 of the C.P.C.
3. Heard.
4. Learned counsel for the Petitioners submits that the Opposite Party Nos.1 to 18/Plaintiffs had instituted C.S. No.1884 of 2011, which was disposed of vide judgment dated 19.05.2018, followed by the decree dated 23.06.2018. The Petitioners were the Defendants in the said suit.
5. Learned counsel for the Petitioners further contends that challenging the judgment dated 19.05.2018 and the decree dated 23.06.2018, the Petitioners/Defendants have preferred an appeal vide R.F.A. No.38 of 2026 before the learned District Judge, Khurda. He further submits that during the pendency of the said appeal, the Opposite Parties have filed Execution Case No.48 of 2018 before the learned Civil Judge (Senior Division) (LR & LTV), Bhubaneswar for execution of the decree, wherein notice has been issued to the Petitioners for their appearance.
6. Learned counsel for the Petitioners further submits that the Petitioners/Defendants have filed an application under Section 47 of the C.P.C., vide I.A. No.01 of 2026 before the learned executing court, with a prayer not to proceed with the execution case till disposal of the said application. He further submits that the said application is pending for adjudication before the learned executing court.
7. In view of the aforesaid facts and circumstances and considering the submission made by the learned counsel for the Petitioners, this Court is of the considered view that the application under Section 47 of the C.P.C. stated to have been filed by the Petitioners before the learned Executing Court, requires consideration. Accordingly, the learned Civil Judge (Senior Division) (LR & LTV), Bhubaneswar is directed to dispose of I.A.
No.01 of 2026 filed by the Petitioners under Section 47 of the C.P.C. in accordance with law, preferably within a period of two months from the date of receipt/production of a certified copy of this order.
8. It is further directed that, till disposal of the aforesaid application, further proceeding in Execution Case No.48 of 2018 shall remain stayed.
9. With the aforesaid observation and direction, the CMP stands disposed of.
1. ( Dr. Sanjeeb K Panigrahi)
Judge Murmu