Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.188 of 2026 1) Purna Ch. Jena ..... Petitioners 2) Guria @guru Ch. Jena 3) Tunia Jena Represented by Adv. - Ganesh Prasad Samal -versus- 1) Saraswati Vidya Mandir, Jajpur ..... Opposite Parties 2) Ipsita Sahoo Represented by Adv. – Mr. Gyanaloka Mohanty CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 29.01.2026 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Mr. Gyanaloka Mohanty, learned counsel enters appearance on behalf of Opposite Party No.1 by filing Vakalatnama in Court today. 3. Heard Mr. Panda, learned counsel appearing for the Petitioner as well as learned counsel appearing for the Opposite Party. Perused the CMP application as well as the prayer made therein. 4. By filing the present CMP application under Article 227 of the Constitution of India, the Petitioner-judgment debtor in Execution Case No.15 of 2021 has approached this Court challenging the order dated 16.12.2025 passed by the Civil Judge (Senior Division), Jajpur which was filed under Section 47 of the CPC in the above noted execution case. Page 2 of 2. 5. On perusal of the execution case which was filed under Section 47 of the CPC, this Court is of the considered view that in the event the application is allowed the same would terminate the other proceeding. Therefore, this Court is of the view that the application should have been filed under Section 115 of the CPC and the same should have been registered as a Civil Revision instead of CMP application. 6. On the request of the learned counsel for the Petitioner, he is permitted to convert this application from CMP to Civil Revision. Accordingly, registry is directed to re-register the present CMP application as Civil Revision and place the matter before the assigned Bench on the next week indicating the name of Mr. G. Mohanty, as counsel for Opposite Party No.1 in the cause list as well as in the first page of brief. ( Aditya Kumar Mohapatra ) Judge Sisir Designation: Personal Assistant