Santanu Kumar Nayak v. Leela Sahoo
Case brief
What is this about?
Orissa High Court, CMP No.1317 of 2025, decided 07.03.2026 by Aditya Kumar Mohapatra, J.; Santanu Kumar Nayak (petitioner; JDR in Execution Case No.2 of 2024; appellant in RFA No.6 of 2025 before District Judge, Phulbani) versus Leela Sahoo and another; grievance over Executing Court's inaction on stay application and First Appellate Court's failure to list appeal/interim application following trial-court decree dated 30.08.2023; directions to First Appellate Court to dispose interim application within three weeks with opportunity to both sides; interim restraint of coercive action against judgment debtor for three weeks or till disposal of interim application; petitioner to cure appeal defects within a week; no statute or precedent cited; application disposed of.
What did the court decide?
First Appellate Court directed to take up pending RFA No.6 of 2025 and to consider and dispose of the Petitioner's application for interim order in the execution proceeding as expeditiously as possible, preferably within three weeks of communication of the order, affording opportunity to both sides; interim direction that no coercive action be taken against the JDR for three weeks or until disposal of the interim application by the First Appellate Court in RFA No.6 of 2025; Petitioner's counsel undertook to remove defects in the pending appeal within a week; Opposite Party permitted to raise permissible objections before the Appellate Court.