IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.887 of 2025 Ranjan Kumar Sahoo …. Petitioner Mr.B.P.Das, Advocate -versus- Khetramani Ray and others …. Opposite Parties Mr.B.Sahoo, Advocate CORAM: JUSTICE B. P. ROUTRAY ORDER 13.10.2025 Order No. 04. 1. Heard Mr.Das, learned counsel for the Petitioner and Mr.Sahoo, learned counsel for the Opposite Parties. 2. Present CMP is directed against the order dated 16th April 2025 passed in Execution Case No.6 of 2024 of the learned Civil Judge (Sr.Division), Rourkela, wherein prayer of the JDR to stay further proceeding of the execution case has been refused by the executing court. 3. In course of hearing, it is admitted that the JDR (defendant) preferred RFA No.8 of 2024 against the impugned judgment and decree dated 31st July 2024 of the learned trial court and the DHR (plaintiff) has also filed his cross-appeal against the Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 13-Oct-2025 17:51:47 Signature Not Verified same impugned judgment and decree of the learned trial court upon his appearance in pending RFA No.8 of 2024. 4. Undisputedly, prior to filing of the petition before the executing court by the JDR, he being the appellant in RFA No.8 of 2024 filed a stay petition under Order 41 Rule 5 of the CPC and the same was rejected vide order dated 9th May 2025 of the learned 1st Appellate Court. The said order dated 9th May 2025 of the learned 1st Appellate Court is never challenged by the JDR, instead the JDR preferred to file an application before the executing court and against rejection of such prayer by the executing court, he preferred the present CMP. 5. As stated earlier, keeping in view the undisputed fact that the appeals by both the plaintiff and defendant being filed against the same judgment and decree of learned trial court, which is pending before the learned 1st Appellate Court in the form of appeal and cross-appeal in RFA No.8 of 2024, it is imperative that process of execution of the decree of the learned trial court should await the decision of Appellate Court. 6. Accordingly, the CMP is disposed of with a direction that the Execution Case No.6 of 2024 pending before the learned Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 13-Oct-2025 17:51:47 Signature Not Verified Civil Judge (Senior Division), Rourkela should remain stayed till disposal of RFA No.8 of 2024 by the learned 1st Additional District Judge, Rourkela. It is further directed that learned 1st Appellate Court shall do well to dispose of RFA No.8 of 2024 within a period of three months from the date of receipt of certified copy of this order and the parties are directed to cooperate for the same. 7. Urgent certified copy of this order be granted on proper application. ( B.P. Routray) Judge C.R. Biswal