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Judgment
12 paragraphs · 392 wordsK.R. Mohapatra, J
This matter is taken up through hybrid mode.
Petitioner in this CMP prays for a direction to learned Civil Judge (Junior Division), Gunupur to execute the decree by issuing warrant of delivery of possession and recover the decreetal dues within a stipulated time.
It is submitted by Mr. Mishra, learned counsel for the Petitioner that the Opposite Party is a tenant under the Petitioner. He had filed CS No.09 of 2014 for eviction of the Opposite Party, which was decreed ex-parte. Subsequently, the Opposite Party filed an application under Order IX Rule 13 CPC, which is pending for consideration. In order to execute the decree of eviction and realization of the arrear rent, the Petitioner has filed EP No.04 of 2015, in which warrant of delivery of possession was issued vide Annexure-3.
At this juncture, the Opposite Party filed an application for stay of the further proceeding of execution case stating that a petition under Order IX Rule 13 CPC is pending. The said application was rejected.
Assailing the same, the Opposite Party filed CMP No.676 of 2018, which was also dismissed vide order dated 29th April, 2019. The Opposite Party had filed RVWEPT No.184 of 2019, which was also dismissed vide order dated 17th September, 2021. The Opposite Party is not taking any step in the proceeding under Order IX Rule 13 CPC. He is also not cooperating with the Executing Court to proceed with the execution case. Hence, this CMP has been filed seeking for the aforesaid relief.
Prayer made in the CMP is essentially the prayer in the execution case. Order sheet of the execution case is not filed. Hence, this Court is not in a position to ascertain the status of the case. As such, I am not inclined to entertain the CMP.
It is, however, submitted that Execution Case No.04 of 2015 is pending before learned Civil Judge (Junior Division), Gunupur and there is no legal impediment for proceeding with the execution case.
If that be so, learned executing Court should proceed with the execution case without granting any unnecessary/long adjournment.
Parties are directed to cooperate with learned executing Court for early disposal of the Execution Case, if there is no legal impediment.
Urgent certified copy of this order be granted on proper application..
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