Disposed¶20

All Odisha State Bank Officers Housing Co. Operative Society Limited,Bhubaneswar v. Surendra Sahu

Orissa HC1 May 2025CMP/180/2025

Case brief

AI extract

What is this about?

Expedition of execution proceeding; time-bound disposal of decade-old Execution Case No.10 of 2013; delay attributed to repeated applications by opposite party No.9 in I.A. No.463 of 2015 and I.A. No.02 of 2023; reliance on Rahul S. Shah v. Jinendra Kumar Gandhi, (2021) 6 SCC 418 on frivolous applications in execution; direction to Senior Civil Judge, Bhubaneswar to dispose within three weeks; Orissa High Court CMP No.180 of 2025; R.K. Pattanaik, J.; disposed at admission stage without notices.

What did the court decide?

Direction to learned Senior Civil Judge, Bhubaneswar to dispose of Execution Case No.10 of 2013 at the earliest, preferably within three weeks from the date of receipt of a copy of the order. ¶20

All Odisha State Bank Officers Housing Co. Operative Society Limited,Bhubaneswar Vs Surendra Sahu — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to learned Senior Civil Judge, Bhubaneswar to dispose of Execution Case No.10 of 2013 at the earliest, preferably within three weeks from the date of receipt of a copy of the order.

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Issue for consideration

Whether the learned Senior Civil Judge, Bhubaneswar should be directed to dispose of Execution Case No.10 of 2013, pending for more than a decade, within a stipulated period.

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Court's answer

Having regard to the fact that the execution proceeding is pending for more than a decade, the learned court below should be directed to expedite it and ensure disposal of the same within a time line fixed.

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Ratio / Principle

Learned Senior Civil Judge, Bhubaneswar is directed to immediately consider disposal of Execution Case No.10 of 2013 in the light of the observations made, at the earliest preferably within a period of three weeks from the date of receipt of a copy of the order.

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Key takeaways

The Court expressed nothing on the merits of the plea of proforma opposite party No.9, leaving that question open.obiter¶18

Detailed headnote1 paragraphs

Civil Miscellaneous Petition seeking early disposal of Execution Case No.10 of 2013, pending for more than a decade before the learned Senior Civil Judge, Bhubaneswar. Counsel for the petitioner relied on Rahul S. Shah Vrs. Jinendra Kumar Gandhi and others, (2021) 6 SCC 418, wherein the Apex Court held that frivolous applications are not to be entertained during execution proceedings and outlined guidelines, and pointed to repeated applications filed by opposite party No.9 in I.A. No.463 of 2015 and I.A. No.02 of 2023 as the cause of delay. Without issuing notices and disposing of the matter at the admission stage, and without expressing anything on the merits of the plea of proforma opposite party No.9, the High Court (R.K. Pattanaik, J.) directed the court below to expedite the execution case and dispose of it at the earliest, preferably within three weeks from receipt of a copy of the order.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CMP No.180 of 2025

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All Odisha State Bank Officers Housing …. Petitioner Co-operative Society Limited, Bhubaneswar

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Mr. P.C. Nayak, Advocate

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-Versus-

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Surendra Sahu and others …. Opposite parties

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CORAM: MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

01.05.2025

Heard Mr. Nayak, learned counsel for the petitioner.

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No notices are issued to the opposite parties including proforma opposite party No.9 as the matter is disposed of at the stage of admission.

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Instant petition is filed by the petitioner for early disposal of Execution Case No.10 of 2013 pending in the file of learned Senior Civil Judge, Bhubaneswar on the grounds stated.

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Referring to a decision of the Apex Court in Rahul S. Shah Vrs. Jinendra Kumar Gandhi and others (2021) 6 SCC 418 , Mr. Nayak, learned counsel for the petitioner submits that there has been inordinate delay in disposal of the execution proceeding and the same is on account of applications being filed by opposite party No.9. The submission is that the move from the side of opposite party No.9 with repeated applications has unduly delayed the disposal of Execution Case No.10 of 2013. With other facts narrated being pleaded on record, Mr. Nayak, learned counsel submits that a peremptory direction may perhaps be issued

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to learned court below to close the execution proceeding within a stipulated period.

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In course of hearing, Mr. Nayak, learned counsel for the petitioner refers to the order sheets of learned court below in I.A. No.463 of 2015 and I.A. No.02 of 2023 to contend that repeated applications have been filed by opposite party No.9, for which, the delay has taken place in disposal of the execution proceeding. In the decision (supra), it is held by the Apex Court that frivolous applications are not to be entertained during the execution proceeding and guidelines have been outlined therein. Considering the citation referred to, without expressing anything on merits on the plea of proforma opposite party No.9 but having regard to the fact that the execution proceeding is pending for more than a decade, the Court is of the view that learned court below should be directed to expedite it and ensure disposal of the same within a time line fixed as the same would serve the purpose and meet the ends of justice.

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Accordingly, it is ordered.

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In the result, the CMP stands disposed of with a direction to learned Senior Civil Judge, Bhubaneswar to immediately consider disposal of Execution Case No.10 of 2013 in the light of the observations made in above at the earliest preferably within a period of three weeks from the date of receipt of a copy of this order.

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Urgent copy of the order be issued as per rules.

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Signature Not Verified

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Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTCRojina Date: 03-May-2025 14:40:25

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Page 2 of 2

All Odisha State Bank Officers Housing Co. Operative Society Limited,Bhubaneswar v. Surendra Sahu

Case brief

What is this about?

What did the court decide?

All Odisha State Bank Officers Housing Co. Operative Society Limited,Bhubaneswar v. Surendra Sahu

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

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