Disposed

Soudamini Sahoo v. Adi Narayan Achary

Orissa HC10 Sept 2026CMP/1529/2026

Case brief

AI extract

What is this about?

The High Court of Orissa, addressing a CMP filed during the superannuation of the appeal Presiding Officer, directed the District Judge to decide a transfer petition under S. 24 C.P.C and to stay execution proceedings until the interim protection application is taken up.

What did the court decide?

Directed District Judge to decide transfer petition under S. 24 C.P.C within 7 days and stay execution proceedings pending interim application in the appeal.

Soudamini Sahoo Vs Adi Narayan Achary — Civil Procedure and Limitation | Orissa HC (2026)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CMP No.1529 of 2026

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CNR No. ODHC010694802026

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Muralidhar Sahoo (Dead …. Petitioner(s) through legal heirs) Soudamini Sahoo & Ors.

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Mr. Brahmananda Tripathy, Adv.

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versus-

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Kameswari Achari (Dead …. Opposite Party(s) through legal heirs) Adi Narayan Achary & Ors.

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CORAM:

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HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI

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ORDER

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Order No. 10.09.2026

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01.

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1. This matter is taken up through hybrid arrangement.

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2. In filing the present CMP, the Petitioners being the legal heirs of the original appellant who passed away during pendency of the appeal vide RFA No.104 of 2022 before the court of learned District Judge, Bhubaneswar, have sought for a direction from this Court to the learned District Judge, Bhubaneswar for allowing the transfer petition filed under Section 24 of the C.P.C for transferring the RFA No.104 of 2022 from the Court of

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of O rissa Date: 11-Sep-2026 13:13:43

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Page 1 of 3

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learned 1^st Additional District Judge-cum-Special Judge (Vigilance), Bhubaneswar.

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3. Heard.

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4. Learned counsel for the Petitioners submits that the appeal at the instance of the Petitioners vide RFA No.104 of 2022 is pending due to superannuation of the concerned Presiding Officer. He further contends that since the said appeal remains unattended due to nonavailability of the Presiding Officer, the Petitioners filed a petition under Section 24 of the C.P.C for transferring the above noted appeal from the Court of learned 1^st Additional District Judge-cum-Special Judge (Vigilance), Bhubaneswar to the Court of learned District Judge, Bhubaneswar.

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5. He further contends that during pendency of the said petition under Section 24 of the C.P.C, since the learned Court in seisin over the matter proceeded with the Execution Case bearing No.545 of 2023, the Petitioner filed the present CMP. He also contends that the application for interim protection filed in the said appeal remains unattended to till today. He, accordingly, prays for allowing the prayer made in the present CMP.

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Signature Not Verified

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6. Considering the submission made on behalf of the Petitioners and since the appeal at the instance of the Petitioners noted hereinabove remains unattended to due

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of O rissa Date: 11-Sep-2026 13:13:43

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Page 2 of 3

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to non-availability of the concerned Presiding Officer, this Court directs the learned District Judge, Bhubaneswar to take a lawful decision on the petition at the instance of the Petitioner filed under Section 24 of the CPC vide TRP(C) No.7 of 2026 within seven working days from the date of presentation of an authenticated copy of this order, so that, the appeal and the petition for interim protection at the instance of the Petitioners noted hereinabove can be taken up at the earliest possible. The learned District Judge, Bhubaneswar is requested to take up the appeal vide RFA No.104 of 2022 within a month thereafter.

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7. It is further directed that further proceeding in Execution Case No.545 of 2023 pending before the Court of learned Civil Judge (Sr. Divn.), Bhubaneswar shall remain stayed till the interim application at the instance of the Petitioners filed in the above noted appeal vide RFA No.104 of 2022 is taken up.

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8. This CMP is, accordingly, disposed of.

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(Dr. Sanjeeb K Panigrahi) Judge

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Signature Not Verified Ayaskanta

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of O rissa Date: 11-Sep-2026 13:13:43

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Soudamini Sahoo v. Adi Narayan Achary

Case brief

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Soudamini Sahoo v. Adi Narayan Achary

Case brief

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