IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.2131 of 2025 Bula Hansda and Others …. Petitioner Mr. B. Baug, Sr. Advocate -versus- Rabindra Kumar Dutta and Another …. Opposite Parties Mr. A. Mohanty, counsel for caveator CORAM: SHRI JUSTICE B. P. ROUTRAY ORDER 8.1.2026 Order No. 01. 1. Heard Mr. B. Baug, learned senior counsel for the petitioner and Mr. A. Mohanty, learned counsel for the caveator – opposite parties. 2. Present CMP is directed by the appellants in RFA No.114 of 2025 pending before learned District Judge, Balasore against order dated 17th December, 2025 wherein the prayer of the appellants to stay the execution proceeding pending the appeal has been refused. 3. Admittedly RFA No.114 of 2025 has been filed by present petitioners against the decree passed in favour of the plaintiffs (in CS No.694 of 2002) in I.A. No.512 of 2022 filed under Order 21 Rule 97 of the CPC arising out of Execution Case No.42 of 2018. The plaintiffs being the DHr have been issued with a separate decree in terms of Order 21 Rule 97 C.P.C. whereby the obstructions raised by the opposite parties in the execution case are directed to be removed in favour of the decree holder in order to put him in possession thereof. The present petitioners claim their possession over said suit Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 09-Jan-2026 11:19:43 Signature Not Verified property from time immemorial as they have contested in the I.A. filed by the DHr. So the appeal filed by them in RFA No.114 of 2025 being their statutory right, hardly any reason left to refuse the stay of execution proceeding as execution of the decree would itself nullify the challenge of the petitioners in the appeal. 4. In such circumstances, the CMP is disposed of with a direction to learned 1st Appellate Court to dispose of RFA No.114 of 2025, in accordance with law, within a specified period preferably within four months from the date of receipt of certified copy of this order and till then the proceeding in Execution Case No.42 of 2018, pending in the court of 2nd Additional Civil Judge (Senior Division), Balasore shall remain stayed. 5. An urgent certified copy of this order shall be issued on proper application. ( B.P. Routray) Judge M.K.Panda