Trinath Baral Vs Chief Executive, Tpcodl, Bbsr — Orissa HC (2025) — LawSathi Research

Trinath Baral Vs Chief Executive, Tpcodl, Bbsr — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No direction for early disposal as prayed; CMP disposed of with observations that the learned executing Court shall decide (i) whether the execution case can proceed further in view of the change in circumstances, and (ii) whether the execution case is maintainable after a lapse of 25 years.

Issue for consideration

Whether a direction should issue for early disposal of Execution Case No.999 of 2022 (arising out of TS No.276 of 1996), stated to be pending before the learned Civil Judge, Bhubaneswar, within a stipulated period. +1 more

Court's answer

This Court disposed of the CMP with an observation that the learned executing Court shall take a decision as to whether the execution case can proceed further in view of the change in circumstances.

Ratio / Principle

Before proceeding with the execution case, the learned executing Court shall also take a decision as to whether such an execution case, after a lapse of 25 years, is maintainable or not.

Key takeaways

The Court observed that the CMP has become infructuous, the plaintiff having been regularized, promoted and superannuated and the execution case having been filed 25 years after the ex parte judgment.obiter¶21

Detailed headnote1 paragraphs

CMP No.1223 of 2024 - Trinath Baral v. Chief Executive, TPCODL, Bhubaneswar and others (K.R. Mohapatra, J.; order dated 13.01.2025): Petitioner sought a direction for early disposal of Execution Case No.999 of 2022 (arising out of TS No.276 of 1996) pending before the learned Civil Judge, Bhubaneswar. The suit stood decreed ex parte on 21.09.1997 against the erstwhile GRIDCO, Odisha, declaring the plaintiff's service permanent and entitling him to promotion as Clerk (Office attached) with retrospective effect. The Court noted that the plaintiff has meanwhile been regularized, promoted and superannuated, and that the execution case was filed in 2022, i.e., 25 years after the ex parte judgment, rendering the CMP infructuous. Disposing of the CMP, the Court observed that the learned executing Court shall decide whether the execution case can proceed further in view of the change in circumstances and, before proceeding, whether an execution case after a lapse of 25 years is maintainable.

Signature Not Verified

Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 15-Jan-2025 12:39:40

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO.1223 OF 2024

Trinath Baral

…. Petitioner

Mr. Basudev Barik, Advocate

-versus-

Chief Executive, TPCODL, Bhubaneswar and others

…. Opp. Parties

Mr. Lalit Kumar Maharana, Advocate (For TPCODL)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

13.01.2025

1. This matter is taken up through hybrid mode.

Petitioner in this CMP prays for a direction for early disposal of Execution Case No.999 of 2022 (arising out of TS No.276 of 1996) stated to have been pending before learned Civil Judge, Bhubaneswar within a stipulated period.

Mr. Maharana, learned counsel for TPCODL submits that the ex parte judgment in TS No.276 of 1996 was passed against the erstwhile GRIDCO, Odisha on 21^st September, 1997 with the following direction:

“That the suit is decreed ex parte against the Defendants. It is hereby declared that the service of the Plaintiff is a permanent one and he is entitled to get promotion to the post of Clerk (Office attached) with retrospective effect to be placed at par with his counter parts in the regular establishment.”

In the meantime, the Plaintiff is regularized, promoted and superannuated from service. The execution case has been filed in the year 2022, i.e., after 25 years from the date of the ex parte judgment. As such, the CMP has become infructuous.

It is submitted by Mr. Barik, learned counsel for the Petitioner that show cause has already been filed in the execution

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Signature Not Verified

Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 15-Jan-2025 12:39:40

case and the execution case is pending for adjudication. There is no legal impediment for early disposal of the execution case.

In view of the above, this Court disposes of this CMP with an observation that learned executing Court shall do well to take a decision as to whether the execution case can proceed further in view of the change in circumstances in the meantime.

Before proceeding with the execution case, learned executing Court shall also take a decision as to whether such an execution case after a lapse of 25 years is maintainable or not.

Rojalin

(K.R. Mohapatra) Judge

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