Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.423 of 2026 Superintending Engineer (civil), Postal Civil Circle, Bihar & Ors. ..... Petitioners Represented by Adv. - Bibhuti Bhusan Mishra (sr. Panel Counsel) -versus- Sandhyarani Choudhury & Ors. ..... Opposite Parties Represented by Adv. - CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 10.03.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners. Perused the CMP application as well as the prayer made therein. 3. The judgment debtor in the Execution Case No.13 of 2025 has approached this Court with a prayer for setting aside order dated 22.01.2026, whereby the learned 2nd Addl. District Judge, Cuttack passed in R.F.A. No.45 of 2023 has rejected the Appellant-JDR’s prayer for stay of the execution proceeding. 4. Learned counsel for the Petitioners, at the outset, contended that the Petitioners are postal authorities and in the event the Execution Case is allowed to continue then there is every likelihood that they might suffer irreparable loss. He further contended that the Petitioners are ready and willing to satisfy the decree in the event they fail to succeed in the appeal. Further drawing attention of this Page 2 of 2. Court to the impugned order dated 22.01.2026 at Annexure-5, learned counsel for the Petitioners contended that the 1st Appellate Court has rejected the prayer of the Appellant-Petitioners for stay of the execution proceeding on the ground that the decree passed in a money decree. Therefore, in terms of the Order 41 Rule 5 (3) the admission of the appeal is subject to such provision. The learned 1st Appellate Court has also referred to the fact that the impugned judgment and decree was passed on 10.02.2023 & 03.03.2023 respectively and in the meantime two years have elapsed. 5. Taking into consideration the submission made by the learned counsel for the Petitioners, this Court deems it proper to dispose of the CMP application by directing the 1st Appellate Court to make every endeavour to dispose of the R.F.A. No.45 of 2023 as expeditiously as possible. Parties are directed to cooperate with the learned 1st Appellate Court for an early disposal of the appeal. Further, it is directed that the Execution Case bearing E.C. No.13 of 2025 shall be kept in abeyance till disposal of the appeal, subject to the condition that the Petitioners shall deposit the entire decretal dues before the 1st Appellate Court. On deposit, such amount shall be kept in nationalised bank account and the same shall be subject to the final outcome of the first appeal and the pending execution proceeding. 6. With the aforesaid observations and directions, the present CMP application stands disposed of. ( A.K. Mohapatra) Judge Rubi