Damayanti Sen v. Chabirani Sen & Ors.

…. Petitioner Mr. Samir Kumar Mishra, Advocate -versus- Chabirani Sen and others …. Opp. Parties CORAM: JUSTICE K.R. MOHAPATRA Order No. ORDER 24.03.2023

This matter is taken up through Hybrid mode. Order dated 2nd February, 2023 (Annexure-5) passed by 2. learned 1st Additional Senior Civil Judge, Balasore in Execution Case No.3 of 2016 is under challenge in this CMP, whereby an application for stay of further proceedings of the said Execution Case during pendency of the application under Section 47 CPC has been rejected. 3. When the matter was taken up on 23rd March, 2023, a question arose as to whether the Petitioner has prayed for stay of further proceeding of the Execution Case in RFA No.221 of 2015, which is pending for consideration before learned District Judge, Balasore.

Mr. Mishra, learned counsel for the Petitioner on instruction submits that although an application for stay of the execution proceeding has been filed on 4th September, 2016 in RFA No.221 of 2015, but the same could not be taken up as yet as notices on all the respondents has not been made sufficient. He, therefore, submits that since the application for stay of the execution proceeding is still pending before learned appellate // 2 // Court in RFA No.221 of 2015, which is posted to 6th April, 2023, the Petitioner may be permitted to move such application before learned appellate Court.

In view of the above, this Court disposes of the CMP with an observation that the Petitioner, if so advised, may move an application for stay of further proceedings in Execution Case No.3 of 2016 in RFA No.221 of 2015 pending before learned District Judge, Balasore on the next date of posting.

With the aforesaid observation the CMP stands disposed of. Issue urgent certified copy of the order on proper application. (K.R. Mohapatra) Judge s.s.satapathy