Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.255 of 2026 Namita Kumari Tripathy ..... Petitioner Represented by Adv. - Bhawani Sankar Panigrahi -versus- 1) Amita Lata Moharana ..... Opposite Parties 2) Dillip Kumar Rayaguru Represented by Adv. - CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 09.02.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner. Perused the CMP application as well as the prayer made therein. 3. By filing the present CMP application under Article 227 of the Constitution of India, the third-party to the execution case who happens to be the Petitioner in R.F.A No.9 of 2025 now pending before the learned A.D.J., Bhanjanagar, Ganjam has approached this Court challenging order dated 09.12.2025. 4. Learned counsel for the Petitioner at the outset contended that in a suit where the third-party Petitioner was not a party, a decree was passed. While the decree has been executed the Petitioner as an aggrieved third-party filed an objection under Order 21 Rule 97 of CPC. Such objection having been rejected by the Executing Court, Page 2 of 2. the Petitioner has already approached Appellate Court by filing a Regular First Appeal bearing R.F.A. No.9 of 2025. It is stated that such appeal is still pending before the learned Appellate Court. Learned counsel for the Petitioner further submitted that in the pending appeal he has filed an application seeking injunctive reliefs against the decree holder of the suit. Such application having been rejected vide order dated 09.12.2025, the Petitioner has approached this Court. In course of his argument, learned counsel for the Petitioner submitted before this Court that the decree has been fully executed in the meantime and the possession has already been recovered, though the Petitioner has challenged the rejection of his application seeking injunctive relief. 5. In view of the aforesaid position, this Court is of the considered view that the present CMP application can very well be disposed of by directing the learned Additional District Judge, Bhanjanagar to consider and dispose of R.F.A. No.9 of 2025 as expeditiously as possible, preferably within a period of three months from the date of communication of a copy of today’s order. 6. With the aforesaid observations and directions, the CMP application stands disposed of. ( A.K. Mohapatra) Judge Rubi