Petition challenged to an order dismissing an execution petition for lack of jurisdiction. Matter compromised; petition disposed with direction to file compromise application before the executing court within four weeks.
Petition disposed; liberty granted to file compromise petition before executing court within four weeks.
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C.M.P. NO. 1321 OF 2016
05. 03.11.2016 This petition challenges the order dated 10.08
.2016 passed by the learned District Judge, Khurda at Bhubaneswar in Execution Case No. 83 of
2013. By the said order, the learned appellate court rejected the application dated 16.12.201
5 filed by the judgment-debators for dismissal of the execution proceeding on the ground that
the court lacks jurisdiction to implement the ex parte decree.
Heard Mr. Tarun Pattnaik, learned counsel for the petitioners and Mr. Amit Pra
sad, learned advocate for the opposite party.
The learned counsel for both the parties submits that the matter has been comp
romised. Pursuant to the compromise, the decree holder has received the cheque amount to Rs.6
,00,000/-. The compromise petition is otherwise ready. They submit that liberty may be grante
d to the parties to file an application before the learned Executing Court.
In view of the same, the petition is disposed of with an observation that if c
ompromise petition files before the learned Executing Court within a period of four weeks from
today, the learned Executing Court shall do well to record the compromise and dispose of the
Execution Case No. 83 of 2013.
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As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court