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2022 Supreme(Ori) 206

S.MURALIDHAR
Ashoka Industries Ltd. – Appellant
Versus
Haribandhu Das – Respondent


Advocates Appeared:
For the Petitioner:Mr. Pitambar Acharya, Senior Advocate Mr. Samir Ku. Mishra.
For the Opposite Parties :Mr. B. Maharana, Mr. J. Katikia, Addl. Govt. Advocate.

JUDGMENT :

S. Muralidhar, J.

1. These two civil revision petitions arise out similar set of facts involving the same parties and are accordingly being disposed of by this common judgment.

2. As far as CVREV No.179 of 1995 is concerned, the Petitioner challenges an order dated 1st August, 1995 whereby the learned Additional District Judge, Bhubaneswar (ADJ) recalled an earlier order passed by on 9th December, 1994 admitting the Petitioner's Title Appeal No.58 of 1994 and rejecting the appeal as being "incomplete, defective and incompetent" in the absence of a copy of decree on the date, the same was presented and as the provision of Order XX Rule-6A CPC is also not applicable on the date the appeal is admitted." In this revision petition, which was admitted on 14th August, 1995 status quo was directed to be maintained regarding the suit property. Subsequently, on 15th September, 1995 the proceedings in Execution Case No. 87 of 1995 in the Court of Civil Judge (Sr. Division), Bhubaneswar was stayed until further orders. By another order dated 18th September, 1995 the earlier status quo order was vacated in view of the stay of the execution proceedings. That interim order has continued e

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