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Pradeep Kumar Naik Vs Lokanath Sahoo — Execution and Attachment | Orissa HC (2023)

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Orissa HC
2023
Pradeep Kumar Naik Vs Lokanath SahooPradeep Kumar Naik v. Lokanath Sahoo

Disposed

Pradeep Kumar Naik v. Lokanath Sahoo

Orissa HC8 Feb 2023CMP/105/2023

Case brief

AI extract

What is this about?

High Court of Orissa disposed of a Civil Miscellaneous Petition seeking early disposal of an execution case pending in a lower court. The court directed parties to cooperate and forbade liberal adjournments by the executing court.

What did the court decide?

Direction to parties to cooperate with the Executing Court and prohibition on granting liberal or long adjournments in Execution Case No. 6 of 2020.

What the court decided

AI extract

Outcome

Direction to parties to cooperate with the Executing Court and prohibition on granting liberal or long adjournments in Execution Case No. 6 of 2020.

Detailed headnote1 paragraphs

In an execution matter where delay was attributed to liberal adjournments granted by the executing court, the High Court disposed of the petition by ordering parties to cooperate and directing the lower court not to grant any long or liberal adjournments in the execution proceeding.

A compact analysis

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO.105 OF 2023

Pradeep Kumar Naik

…. Petitioner

Mr. Basudev Barik, Advocate

-versus-

Lokanath Sahoo

…. Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

Order No.

ORDER 08.02.2023

This matter is taken up through hybrid mode.

This CMP has been filed seeking for a direction for early

disposal of Execution Case No. 6 of 2020 (arising out of C.S. No.229 of 2017) pending before learned Senior Civil Judge, Talcher.

Mr. Barik, learned counsel for the Petitioner submits that although Execution Case No.6 of 2020 is ready in all respect and it is posted for hearing, but due to liberal adjournments granted by learned Executing Court to the J.Dr., the execution proceeding could not be disposed of as yet. As such, the Petitioner (Decree Holder) is deprived of enjoying the fruit of the decree.

Considering the submission made by learned counsel for the Petitioner and on perusal of the order sheet of Execution Case No.6 of 2020 annexed to the CMP as Annexure-2, it appears that the executing proceeding was last posted to 25^th January, 2023 for hearing.

Page 1 of 2

// 2 //

In that view of the matter, the CMP is disposed of with a direction that parties to the execution proceeding should cooperate with learned Executing Court for early disposal of Execution Case No.6 of 2020. No liberal/long adjournment should be granted by learned Executing Court to any of the parties.

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

bks

(K.R. Mohapatra)
Judge

Page 2 of 2

Parties & counsel

AI extract

petitioner
Pradeep Kumar Naik
respondent
Lokanath Sahoo

Coram

AI extract

K.R. MOHAPATRA

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 8 Feb 2023 · February
Registered: 1 Feb 2023
Case no.: CMP/105/2023
CNR: ODHC010077322023
Topic: Execution and Attachment
Bench: K.r.mohapatra
Disposal: Disposed Off

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Cite this judgement

Pradeep Kumar Naik v. Lokanath Sahoo, CMP/105/2023 (OD), decided on 8 February 2023.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

K.R. MOHAPATRA

Parties & counsel