Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.412 of 2026 Nalinikanta Parida ..... Petitioner Represented by Adv. - Sukanta Kumar Nayak -versus- Amulya Parida ..... Opposite Party Represented by Adv. - CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 17.03.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner. Perused the CMP application as well as the prayer made therein. 3. By filing the present CMP application, the Petitioner, who happens to be the decree holder in Execution Case No.26 of 2025 pending in the court of learned Civil Judge (Junior Division), Bhadrak, had approached this Court for a direction to the learned trial court to expedite such execution case and to conclude the same at the earliest. 4. Learned counsel for the Petitioner at the outset contended that in the pending execution case, the Petitioner-decree holder has already deposited the money for deputing the civil court commissioner for measurement of the suit scheduled land. However, the court commissioner is taking adjournments that the Page 2 of 2. measurement is not being carried out. Learned counsel for the Petitioner at this juncture contended that the Hon’ble Court in the case of Rahul S. Shah vs. Jinendra Kumar Gandhi and Others reported in (2021) 6 SCC 418 & Periyammal (Dead) Thr.Lrs & Ors. Vrs. V. Rajamani & Anr. Etc., reported in 2025(1) OLR (SC) - 833, have expressed their concern with regard to the delay in conclusion of the execution proceeding and any specific direction shall be given in the abovereported judgment of the Hon’ble Supreme Court. 5. Keeping in view the spirit of the judgment of the Hon’ble Supreme Court in Rahul S. Shah’s case (supra) as well as Periyammal’s case (supra), this Court deems it proper to dispose of the present CMP application by granting liberty to the Petitioner to approach the learned Executing Court by filing an appropriate application along with a copy of today’s order. In such eventuality, the learned Executing Court shall ensure that the execution case is conducted without any delay and disposed of at the earliest. 6. With the aforesaid observations/ directions, the CMP application stands disposed of. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer