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2026 DAILYLAW 6928 (ORI)

RABINARAYAN @ NARAYAN SENA v. PRADEEP SENA

CMP/541/2026 · 2026-04-23

Aditya Kumar Mohapatra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 1. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.541 of 2026 Rabinarayan @ Narayan Sena ..... Petitioner Represented By Adv. – Mr. Subhransu Bhusan Mohanty -versus- Pradeep Sena and others ..... Opposite Parties CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 23.04.2026 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard the learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the CMP application as well as the documents annexed thereto. 3. By filing the present CMP application, the Petitioner has made the following prayer:- “It is therefore prayed that, this Hon'ble Court may graciously be pleased:- i) To admit this C.M.P. petition. (ii) To direct the Civil Judge (Jr. Division ), Soro to dispose of the Execution Case No.3/2023 in view of Guidelines and Judgment of the Hon'ble Supreme Court reported in 2021 S.C.C. Online (S.C.) -341 (Rahul S. Shah -Vrs- Jinendra Kumar within a time frame so as to save the petitioner from unpleasant situation created by the Opposite Parties (JDRs) and all connected applications out of such Execution Case be disposed of accordingly. And may pass any other order (s)/ direction (s) as Page 2 of 2. deemed fit and proper in the interest of justice.” 4. Learned counsel for the Petitioner, at the outset, contended that he has approached this Court with a prayer for a direction to the to the learned executing court to conclude the Execution Case No.3 of 2023 as expeditiously as possible keeping in view the guidelines of the Hon’ble Supreme Court in the case of Rahul S. Shah Vs. Jinendra Kumar Gandhi and others, 2021 SCC OnLine SC 341. 5. On a careful consideration of the submission made by the learned counsel for the Petitioner, this Court is of the view that the aforesaid judgment of the Hon’ble Supreme Court is binding on all courts including the executing court. Therefore, no direction is necessary in that regard. In the event a copy of the judgment is filed before the learned Civil Judge (Junior Division), Soro, the learned Civil Judge (Junior Division), Soro shall take necessary steps to ensure that the Execution Case No.3 of 2023 is concluded as expeditiously as possible in terms of the judgment of the Hon’ble Supreme Court in Rahul S. Shah’s case (supra). 6. With the aforesaid observation and direction, the CMP stands disposed of. ( Aditya Kumar Mohapatra ) Judge Debasis