p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1529 of 2026 CNR No. ODHC010694802026 Muralidhar Sahoo (Dead through legal heirs) Soudamini Sahoo & Ors. …. Petitioner(s) Mr. Brahmananda Tripathy, Adv. versus- Kameswari Achari (Dead through legal heirs) Adi Narayan Achary & Ors. …. Opposite Party(s) CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 10.09.2026 1. This matter is taken up through hybrid arrangement. 2. In filing the present CMP, the Petitioners being the legal heirs of the original appellant who passed away during pendency of the appeal vide RFA No.104 of 2022 before the court of learned District Judge, Bhubaneswar, have sought for a direction from this Court to the learned District Judge, Bhubaneswar for allowing the transfer petition filed under Section 24 of the C.P.C for transferring the RFA No.104 of 2022 from the Court of Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 11-Sep-2026 13:13:43 Signature Not Verified p. 2 learned 1st Additional District Judge-cum-Special Judge (Vigilance), Bhubaneswar. 3. Heard. 4. Learned counsel for the Petitioners submits that the appeal at the instance of the Petitioners vide RFA No.104 of 2022 is pending due to superannuation of the concerned Presiding Officer. He further contends that since the said appeal remains unattended due to non- availability of the Presiding Officer, the Petitioners filed a petition under Section 24 of the C.P.C for transferring the above noted appeal from the Court of learned 1st Additional District Judge-cum-Special Judge (Vigilance), Bhubaneswar to the Court of learned District Judge, Bhubaneswar. 5. He further contends that during pendency of the said petition under Section 24 of the C.P.C, since the learned Court in seisin over the matter proceeded with the Execution Case bearing No.545 of 2023, the Petitioner filed the present CMP. He also contends that the application for interim protection filed in the said appeal remains unattended to till today. He, accordingly, prays for allowing the prayer made in the present CMP. 6. Considering the submission made on behalf of the Petitioners and since the appeal at the instance of the Petitioners noted hereinabove remains unattended to due Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 11-Sep-2026 13:13:43 Signature Not Verified p. 3 to non-availability of the concerned Presiding Officer, this Court directs the learned District Judge, Bhubaneswar to take a lawful decision on the petition at the instance of the Petitioner filed under Section 24 of the CPC vide TRP(C) No.7 of 2026 within seven working days from the date of presentation of an authenticated copy of this order, so that, the appeal and the petition for interim protection at the instance of the Petitioners noted hereinabove can be taken up at the earliest possible. The learned District Judge, Bhubaneswar is requested to take up the appeal vide RFA No.104 of 2022 within a month thereafter. 7. It is further directed that further proceeding in Execution Case No.545 of 2023 pending before the Court of learned Civil Judge (Sr. Divn.), Bhubaneswar shall remain stayed till the interim application at the instance of the Petitioners filed in the above noted appeal vide RFA No.104 of 2022 is taken up. 8. This CMP is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant