IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1381 of 2025 Smt. Anita Padhiari …. Petitioner Mr. B.C. Panda, Advocate -versus- Laxmilata Padhiari and Others …. Opposite Parties Mr. Suryakanta Dash, Advocate CORAM: SHRI JUSTICE B. P. ROUTRAY ORDER 8.9.2025 Order No. 02. 1. Heard Mr. B.C. Panda, learned counsel for the Petitioner and Mr. S. Dash, learned counsel for Opposite Party No.2 – DHr. It is submitted that presence of Opposite Party No.2, being the DHr, is the substantial representation for other Opposite Parties. 2. On the request of both parties, present CMP is taken up for final disposal. 3. Present CMP is directed against order dated 29th July, 2025 of learned Senior Civil Judge, Bhubaneswar passed in Execution Case No.1 of 2018 wherein the writ has been issued pending the application under Section 47 of the C.P.C. It is agreed by both parties that disposal of the execution case by issuance of writ would render the application of the JDr (Petitioner) under Section 47 infructuous and therefore it is imperative on the part of the court to deal with the application under Section 47 before disposal of the execution case. 4. Accordingly the CMP is disposed of by setting aside impugned order dated 29th July, 2025 with a direction to the learned executing Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Personal Assistant Reason: Authentication Location: OHC, Cuttack Date: 09-Sep-2025 17:20:52 Signature Not Verified p. 2 court to dispose of I.A. No.1 of 2018 at the first instance, before final disposal of the execution case. 5. Since present execution case is relating to the year 2018, learned executing court is directed to dispose of I.A. No.1 of 2018 within a period of four months from the date of receipt of certified copy of this order. ( B.P. Routray) Judge M.K.Panda Designation: Personal Assistant