Nalinikanta Parida Vs Amulya Parida — Orissa HC (2026) — LawSathi Research

Nalinikanta Parida Vs Amulya Parida — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the Petitioner-decree holder to approach the learned Executing Court with an appropriate application along with a copy of this order; the Executing Court directed to ensure the execution case is conducted without delay and disposed of at the earliest.

Issue for consideration

Whether the learned trial court should be directed to expedite Execution Case No.26 of 2025 and conclude it at the earliest, in view of the delay in measurement of the suit scheduled land by the civil court commissioner.

Court's answer

This Court disposed of the present CMP application by granting liberty to the Petitioner to approach the learned Executing Court by filing an appropriate application along with a copy of the order dated 17.03.2026, keeping in view the spirit of the Supreme Court judgments in Rahul S. Shah and Periyammal.

Ratio / Principle

Upon such application being filed, the learned Executing Court shall ensure that the execution case is conducted without any delay and disposed of at the earliest.

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (A.K. Mohapatra, J.), single-judge order dated 17.03.2026 in CMP No.412 of 2026: Nalinikanta Parida, decree holder in Execution Case No.26 of 2025 pending before the Civil Judge (Junior Division), Bhadrak, sought a direction to the trial court to expedite and conclude the execution, complaining that despite his deposit for deputing a civil court commissioner to measure the suit scheduled land, the commissioner kept taking adjournments and the measurement was not carried out. Relying on the spirit of the Supreme Court decisions in Rahul S. Shah v. Jinendra Kumar Gandhi (2021) 6 SCC 418 and Periyammal (Dead) v. V. Rajamani (2025(1) OLR (SC) 833) expressing concern over delay in execution proceedings, the Court disposed of the CMP by granting the Petitioner liberty to move the Executing Court with an appropriate application enclosing a copy of the order, and directed that the Executing Court shall thereafter ensure the execution case proceeds without delay and is disposed of at the earliest.

IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.412 of 2026

Nalinikanta Parida ..... Petitioner

Represented by Adv. - Sukanta Kumar Nayak

-versus-

Amulya Parida

..... Opposite Party Represented by Adv. -

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

17.03.2026

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel appearing for the Petitioner. Perused the CMP application as well as the prayer made therein.

By filing the present CMP application, the Petitioner, who happens to be the decree holder in Execution Case No.26 of 2025 pending in the court of learned Civil Judge (Junior Division), Bhadrak, had approached this Court for a direction to the learned trial court to expedite such execution case and to conclude the same at the earliest.

Learned counsel for the Petitioner at the outset contended that in the pending execution case, the Petitioner-decree holder has already deposited the money for deputing the civil court commissioner for measurement of the suit scheduled land. However, the court commissioner is taking adjournments that the

Page 1 of 2.

measurement is not being carried out. Learned counsel for the Petitioner at this juncture contended that the Hon’ble Court in the case of Rahul S. Shah vs. Jinendra Kumar Gandhi and Others reported in (2021) 6 SCC 418 & Periyammal (Dead) Thr.Lrs & Ors. Vrs. V. Rajamani & Anr. Etc., reported in 2025(1) OLR (SC) - 833 , have expressed their concern with regard to the delay in conclusion of the execution proceeding and any specific direction shall be given in the abovereported judgment of the Hon’ble Supreme Court.

Keeping in view the spirit of the judgment of the Hon’ble Supreme Court in Rahul S. Shah ’s case ( supra ) as well as Periyammal ’s case ( supra ), this Court deems it proper to dispose of the present CMP application by granting liberty to the Petitioner to approach the learned Executing Court by filing an appropriate application along with a copy of today’s order. In such eventuality, the learned Executing Court shall ensure that the execution case is conducted without any delay and disposed of at the earliest.

With the aforesaid observations/ directions, the CMP application stands disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge

Anil

Signature Not Verified Page 2 of 2.

Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Mar-2026 10:17:13