Disposed

Sk.Gulam Sadik v. the Collector,Balasore

Orissa HC14 Dec 2020CMP/563/2020

Case brief

AI extract

What is this about?

The High Court, via a Criminal Miscellaneous Petition, directed the learned Civil Judge at Balasore to prioritize and dispose of a pending Section 47 CPC application pertaining to Execution Case No.1 of 2011. The Court allotted a 15-day timeline for disposal due to the case's long pendency since 2011.

What did the court decide?

Directed Civil Judge, Balasore to dispose of Section 47 CPC petition within 15 days; parties to cooperate.

Sk.Gulam Sadik Vs the Collector,Balasore — Execution and Attachment | Orissa HC (2020)

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CMP No. 563 of 2020

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14.12.2020 Due to outbreak of COVID-19, this matter is taken up through Videoconferencing.

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Heard Mr.Satyabadi Mantry, learned counsel for the petitioner.

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This CMP has been filed for a direction to learned Civil Judge (Junior Division), Balasore to dispose of the Execution Case No.1 of 2011.

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Considering the prayer made in this CMP, this Court, vide order dated 24.11.2020 called for a report from the Court of learned Civil Judge (Junior Division), Balasore with regard to status of Execution Case No.1 of 2011 pending before it.

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Pursuant to the said direction a report is submitted by the learned Civil Judge (Junior Division), Balasore, vide letter No.333 dated 03.12.2020 which reveals that though substitution petition against J.Dr. No.1 was filed on 23.02.2016, but due to noncooperation of the decree-holders the same could not be disposed of. Further, the Execution case is posted to 20.01.201 for service of copy of amended Execution Petition on J.Dr. No.3 and for hearing of petition under Section 47 CPC.

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In that view of the matter, no direction at this stage can be made for early disposal of the Execution Case. However, it appears that the Execution Case is pending since 2011. A petition under Section 47 CPC is pending consideration and the matter is posted to

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21.01.2021. Hence, learned Civil Judge (Junior Division), Balasore shall do well to make an endeavour for disposal of the application filedunder Section 47 CPC either on that date or on an adjourned date to be fixed within a period of 15 days there from. Parties are directed to cooperate with learned Civil Judge for early disposal of the petition under Section 47 CPC.

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6.1 If occasion arises after disposal of the petition under Section 47 CPC, the petitioner-D.Hr. would be at liberty to move the learned Executing Court for early disposal of the Execution Proceeding.

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The CMP is disposed of with the aforesaid observation and direction.

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7.1 Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.

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…………………………..

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K.R. Mohapatra, J.

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Sk.Gulam Sadik v. the Collector,Balasore

Case brief

What is this about?

What did the court decide?

Sk.Gulam Sadik v. the Collector,Balasore

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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