Disposed

Sanjaya Keshari Mohapatra v. Jhuna Bhoi

Orissa HC11 Aug 2021CMP/191/2021

Case brief

AI extract

What is this about?

This order disposes of a contempt petition filed for non-compliance of a direction to depute a Civil Court Commissioner. The court directed the Civil Judge to consider the Petitioner's subsequent application for commissioner deputation and expedite the execution case within four months.

What did the court decide?

Petitioner to move the Civil Judge for commissioner deputation, which the Judge shall consider; execution case to be expedited within four months.

Sanjaya Keshari Mohapatra Vs Jhuna Bhoi — Execution and Attachment | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

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CMP No. 191 OF 2021

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Sanjaya Keshari Mohapatra

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Petitioner

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Mr. Niranjan Panda, Advocate

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-versus-

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Jhuna Bhoi & another

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…. Opp. Parties

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

11.08.2021

This matter is taken up through hybrid mode.

¶16

This CMP has been filed for a direction to learned Civil Judge (Junior Division), Nimapara to depute Civil Court Commissioner pursuant to the order dated 04.02.2019 (Annexure-2) passed by learned Civil Judge (Junior Division), Nimapara in Execution Case No. 03 of 2014 (arising out of C.S. No. 154 of 2009).

¶17

It is submitted by Mr. Panda, learned counsel for the Petitioner that although there is no legal impediment to proceed with the execution case and there is already a direction to the I.I.C. of concerned police station to supply police help as and when required by the Amin Commissioner for execution of the decree in question, the same has not yet been complied with. Learned Civil Judge (Junior Division), Nimapara is also not taking any steps for execution of the same. As such, the Petitioner is seriously prejudiced. Hence, this CMP has been filed for the aforesaid relief.

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Page 1 of 2

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// 2 //

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Taking into consideration the submission made by learned counsel for the Petitioner, this Court without expressing any opinion on the merits of the case of the Petitioner, disposes of the CMP with a direction that in the event the Petitioner moves learned Civil Judge (Junior Division), Nimapara for deputation of Civil Court Commissioner for execution of the decree passed in C.S. No. 154 of 2009, he shall do well to consider the same and take appropriate steps in that regard. Steps shall also be taken for early disposal of the execution case, as expeditiously as possible preferably within a period of four months from the date of filing of appropriate application along with certified copy of this order, if there is no legal impediment.

¶21

Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge

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bct

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Page 2 of 2

Sanjaya Keshari Mohapatra v. Jhuna Bhoi

Case brief

What is this about?

What did the court decide?

Sanjaya Keshari Mohapatra v. Jhuna Bhoi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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