Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.237 of 2026 Arun Shyanti ..... Petitioner Represented by Adv. - Bikram Keshari Bal -versus- Dasaratha Shyanti ..... Opposite Party Represented by Adv. - CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 10.02.2026 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. By filing the present application under Article 227 of the Constitution of India, the defendant in CS No.303 of 2017 disposed of by the learned Civil Judge, (Senior Division), LR & LTV, Jajpur has approached this Court with a prayer for stay of the execution proceeding which arises out of orders passed in the abovenoted civil suit. 4. Learned counsel for the Petitioner-defendant at the outset contended that CS No.303 of 2017 was filed at the instance of the plaintiff-Opposite Party suit for declaration of the right, title interest and for grant of permanent injunction. He further submitted that the suit was decreed ex-parte vide judgment dated 25.02.2022 Page 2 of 3. at Annexure-2 to the CMP application. After disposal of the suit, the plaintiff has filed an execution case bearing Execution Case No.19 of 2022 and Execution Case No.12 of 2024 which arises out of CMA No.366 of 2017. 5. Learned counsel for the Petitioner further contended that after an ex-parte decree was passed in CS No.303 of 2017, the defendant-petitioner has already approached the learned Civil Judge, (Senior Division), LR & LTV, Jajpur for setting aside the ex-parte judgment and decree by filing CMA No.33 of 2024. Such application is still pending for consideration. He further submitted that during the pendency of the aforesaid application for setting aside the ex-parte judgment and decree, the execution case is proceeding. As such, learned counsel for the Petitioner prayed that till disposal of the CMA application filed at the instance defendant- petitioner for setting aside the ex-parte judgment and decree, the learned Executing Court be directed not to proceed with the execution case. 6. On a careful analysis of the submissions made by learned counsel for the Petitioner, further taking into consideration the factual background of the present case, and also taking note of the fact that the Petitioner has already approached the learned Civil Judge, (Senior Division), LR & LTV, Jajpur by filing CMA No.33 of 2024, this Court deems it proper to dispose of the present CMP application by granting liberty to the petitioner to move an application before the learned Civil Judge, (Senior Division), LR & LTV, Jajpur in CMA No.33 of 2024 passing necessary orders with regard to the pending execution cases. In the event any such application is filed seeking interim relief within two weeks from Page 3 of 3. today, the learned Civil Judge, (Senior Division), LR & LTV, Jajpur shall do well to consider and dispose of such application after providing an opportunity of hearing to both sides within four weeks from the date of filing of such application. The application of the Petitioner shall be considered strictly in accordance with law and disposed of within the aforesaid time stipulation. 7. With the aforesaid observations/ directions, the CMP application stands disposed of. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer