Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.616 of 2026 Krushna Chandra Behera ..... Petitioner Represented by Adv. - Prasanta Kumar Satapathy -versus- rajendra @ rajkishore nayak ..... Opposite Parties Represented by Adv. - CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 16.04.2026 Order No. 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. The Petitioner, who happens to be the Petitioner in Execution Case No.3 of 2025 arising out of C.S. Case No.78 of 2018 now pending in the Court of learned Civil Judge (Junior Division), Basudevpur, has approached this Court by filing the present CMP application under Article 227 of the Constitution of India thereby challenging the inaction of the learned Executing Court to dispose of his application bearing Misc. Case No.47 of 2025 atAnnexure-1 to the CMP application. 4. Learned counsel for the Petitioner at the outset contended that although the Petitioner is the decree holder and he is entitled to the result of the decree, however, the Petitioner is being Page 2 of 3. deprived of such fruits of the decree due to the delay in disposal of the execution case. He further contended that during the pendency of the execution case, the Petitioner filed an application under Section 151 of CPC which was registered as Misc Case No.47 of 2025 in Execution Case No.3 of 2025 arising out of C.S. No.78 of 2018. Learned counsel for the Petitioner further submitted that although such application has been filed on 10.09.2025, however the same has not been taken up by the learned Executing Court. Being aggrieved by such delay on the part of the Executing Court to take up the application of the Petitioner filed under Section 151 of CPC, which is urgent in nature, the Petitioner has approached this Court by filing the present CMP application for a direction to the Executing Court to expedite the hearing of such Misc. Case. 5. Having heard learned counsel for the Petitioner, on a careful examination of the background facts as well as the materials filed along with the CMP application, this Court is of the view that the learned trial Court should have disposed of the application of the Petitioner as expeditiously as possible. Considering the grievance of the Petitioner decree-holder, this Court grants liberty to the Petitioner to approach the learned Executing Court for early disposal of Misc. Case No.47 of 2025. In the event, the Petitioner approaches the learned Executing Court along with a copy of today’s order, the learned Executing Court shall do well to expedite the hearing of the Misc. Case No.47 of 2025 and to make every endeavour to dispose of the same as expeditiously as possible, preferably within a period of four weeks’ from the date of communication of a copy of today’s order. Page 3 of 3. 6. With the aforesaid observation and direction, the CMP application stands disposed of. ( A.K. Mohapatra ) Judge Sisir Designation: PERSONAL ASSISTANT