Location: High Court of Orissa, Cuttack

Date: 17-Dec-2025 13:31:08

IN THE HIGH COURT OF ORISSA AT CUTTACK

C.M.P. No.1526 of 2025

(In the matter of an application under Article 227 of the Constitution

of India)

Birabar Behera …. Petitioner

-versus-

Akshaya Kumar Nayak …. Opposite Party

Advocate(s) appeared in this case:-

For Petitioner : Mr. M.K.Mohanty, Advocate

For Opposite Party : Mr. S.Pattanaik, Advocate

CORAM: JUSTICE B.P. ROUTRAY

JUDGMENT

11^th December 2025

B.P. Routray, J.

1. Heard Mr. M.K. Mohanty, learned counsel for the Petitioner

and Mr. S.Pattanaik, learned counsel for Opposite Party.

2. Present CMP is directed against impugned order dated 18^th June 2024 of the learned Executing Court passed in C.M.A. No.05

Location: High Court of Orissa, Cuttack Date: 17-Dec-2025 13:31:08 of 2022 at Annexure-8 (arising out of Execution Case No.11 of 2008) and the order dated 28^th July 2025 of the learned District Judge, Keonjhar passed in C.R.P. No.02 of 2024 (Annexure-9), wherein the objection of the Petitioner (JDR) under Section 47 of the CPC has been rejected.

3. The Opposite Party was the Plaintiff in Title Suit No.125 of 1995 which was decreed by the First Appellate Court in R.F.A. No.12/26 of 2006