The High Court of Orissa dismissed the Second Appeal in a property dispute (eviction and rent arrears) holding that continuation was futile as the executing court had already disposed of execution proceedings based on a compromise between the parties and accepted full satisfaction.
The appeal was dismissed; no order as to cost.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
RSA No.401 of 2017
Ganesh Sahu @ Saw
Appellant Mr.D.K.Patra,
Advocate
-versus-
Smt. Sarada Devi
…. Respondent Mr.S.Udgata, Advocate
CORAM:
MR. JUSTICE D.DASH
Order No.
02
ORDER
08.07.2022
He submits that the judgments and decrees, which have been assailed in the present Second Appeal, had been put to execution by the Respondent- (Plaintiff-Decree Holder). He submits that the parties having amicably resolved the dispute giving rise to the litigation have so stated before the Executing Court for which the Execution Proceeding has been disposed of on full satisfaction in terms of the compromise. He, therefore, submits that practically, no purpose now stands to keep this Appeal alive on board and hearing on the question of admission
Page 1 of 2
// 2 //
would be sheer wastage of time and energy of all concerned and merely an exercise in futility.
Mr.D.K.Patra, learned counsel for the Appellant, although does not dispute the genuineness of the order-sheet, which has been filed in Court today, submits to have received no such instruction from the Appellant (Defendant-Judgment Debtor).
It reveals from the order-sheet of the Executing Court that the parties, having arrived at a compromise, the Respondent (Plaintiff-Decree Holder) who had executed the decrees has accepted said compromise and accordingly, the Execution Proceeding initiated at her instance, has been disposed of on full satisfaction. In the given situation, this Court finds that continuance of this Second Appeal would serve no purpose in reality.
(D.Dash) Judge
Basu
Page 2 of 2
1 issue framed by the court
Whether the Second Appeal should be maintained when the execution proceedings stand disposed of on terms of compromise
2 provisions across 1 enactments
Ganesh Sahu @ Saw
Smt. Sarada Devi
D.Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
