Disposed

M/S. Sasu Bahu Salt Factory v. the Collector ,Bhadrak

Orissa HC25 Mar 2021CMP/43/2021

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What is this about?

The Court heard a Campel for an early disposal direction for an execution case pending before the learned Civil Judge, Basudevpur. Noting that the defaulting parties had not appeared and the executing court reported no legal impediments, the Court declined an immediate order but directed the petitioner to approach the executing court once the matter is ready.

What did the court decide?

Direction that the petitioner shall approach the learned Civil Judge, Basudevpur with an application for early disposal when the matter becomes ready.

M/S. Sasu Bahu Salt Factory Vs the Collector ,Bhadrak — Execution and Attachment | Orissa HC (2021)

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C.M.P. No.43 of 2021

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25.03.2021 Heard Mr. U.C. Patnaik, learned counsel for the petitioner and Mr. Amiya Kumar Mishra, learned Additional Government Advocate for the State.

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This CMP has been fled for a direction to learned Civil Judge (Senior Division), Basudevpur for early disposal of Execution Case No.15 of 2016 pending before him.

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Taking into consideration the submission of Mr. Patnaik, learned counsel for the petitioner, this Court vide order dated 04.02.2021 directed learned Civil Judge (Senior Division), Basudevpur to submit a status report of Execution Case No.15 of 2016 pending before him and also to report if there is any legal impediment for early disposal of the said execution case.

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In obedience to the said order, learned Civil Judge (Senior Division), Basudevpur vide his letter no.110 dated 16.03.2021 submitted the following report:

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“Execution Case no.15 of 2016

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This case was instituted on 23.11.2016. This

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case was received on transfer from the Court of Civil Judge (Senior Division), Bhadrak on 13.10.2017. DHRs have not appeared and taken any step before this Court since receipt of this record from the Court of Civil Judge (Senior Division), Bhadrak. So, Court Motion notices have been issued to the DHRs fixing 16.04.2021 for S/Rs and appearance of the DHRs before this Court.

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This is for favour of kind information.”

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It appears from the information give by learned Civil Judge (Senior Division), Basudevpur that the case is posted to 16.04.2021 for appearance of the DHRs before the executing court.

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In that view of the matter, no direction at this stage can be given for early disposal of Execution Case No.15 of 2016, as prayed for.

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Mr. Patnaik, learned counsel for the petitioner, however, submits that the DHRs will enter appearance on 16.04.2021 and a direction may be made for early disposal of the execution case.

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In view of the facts and circumstances stated above, this Court disposes of the CMP with a direction that in the event the petitioner files an application for early disposal of Execution Case No.15 of 2016 before learned Civil Judge (Senior Division), Basudevpur when the matter becomes ready for hearing, he shall do well to consider the same and make an endeavour for early disposal of execution case in accordance with law.

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Urgent certified copy of this order be granted on proper application.

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………………………….

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K.R. Mohapatra, J.

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M/S. Sasu Bahu Salt Factory v. the Collector ,Bhadrak

Case brief

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M/S. Sasu Bahu Salt Factory v. the Collector ,Bhadrak

Case brief

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