Disposed

Bahadul Pradhan v. Murali @Muli Raula

Orissa HC29 Aug 2023WP(C)/20552/2012

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition challenging an order passed in an execution case. Granting liberty to the petitioner to redress grievances before the executing court if the cause of action survives, the court vacated an interim order.

What did the court decide?

Liberty to redress grievances before the executing court if cause of action survives; interim order vacated.

Bahadul Pradhan Vs Murali @Muli Raula — Civil Procedure and Limitation | Orissa HC (2023)

¶1

Signature Not Verified

¶2

Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Aug-2023 19:40:00

¶3

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶4

W.P.(C) No. 20552 OF 2012

¶5

Bahadul Pradhan

¶6

…. Petitioner

¶7

Mr. Amit Prasad Bose, Advocate

¶8

-versus-

¶9

Murali @ Muli Raula @ Bansidhar Raula

¶10

…. Opp. Party

¶11

Mr. Pramod Kumar Swain, Advocate

¶12

CORAM:

¶13

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

29.08.2023

This matter is taken up through hybrid mode.

¶19

Order dated 17^th October, 2012 (Annexure-1) passed by

¶20

learned Additional Civil Judge (Senior Division), Balasore in Execution Case No.7 of 2011 is under challenge in this writ petition, whereby Civil Court Commissioner’s prayer for rendering police help for delivery of possession of the suit land, has been allowed.

¶21

Learned District Judge, Balasore in his letter dated 16^th August, 2023 intimated that Execution Case No.7 of 2011 was posted to 24^th August, 2023 for objection and hearing on the petition for appointment of a fresh Civil Court Commissioner.

¶22

Mr. Bose, learned counsel for the Petitioner submits that since learned District Judge, Balasore has intimated that the matter is posted for consideration of objection on appointment of a fresh Civil Court Commissioner, the cause of action to move this writ petition may not survive. However, due to lapse of more than eleven years in the meantime, the writ petition may be disposed of granting liberty to the Petitioner to redress his

¶23

Page 1 of 2

¶24

Signature Not Verified

¶25

// 2 //

¶26

Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Aug-2023 19:40:00

¶27

grievance before learned executing Court, if any cause of action still survives.

¶28

Mr. Swain, learned counsel for the Opposite Party does not have any objection to the same.

¶29

In view of the above, the writ petition is disposed of granting the liberty, as stated above.

¶30

If any application for appropriate order is filed, the same shall be considered on its own merit giving opportunity of hearing to the parties concerned.

¶31

Interim order dated 2^nd November, 2012 passed in Misc. Case No.17716 of 2012 stands vacated.

¶32

Urgent certified copy of this order be granted on proper

¶33

application.

¶34

(K.R. Mohapatra)
Judge

¶35

¶36

Page 2 of 2

Bahadul Pradhan v. Murali @Muli Raula

Case brief

What is this about?

What did the court decide?

Bahadul Pradhan v. Murali @Muli Raula

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bipin B.Pandey Vs Smt.Ilishaba Sahu

Sudhir Ku.Mallik Vs Rangadhar Hota

Antima Das Vs Maruti Estate India Pvt. Ltd., Khorda

Dharmaraj Padhan Vs Tapaswini Sahu andANR.

Kedar Ku.Parida and or Vs Prakash Ch.Panda and

Rajanikanta Maharana Vs Madhusudan Moharana