Location: OHC, Cuttack

Date: 25-Nov-2025 18:21:18

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No.190 of 2025

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

India)

Mahadev Sahu …. Petitioner

-versus-

Rajpal Singh and Another … Opposite Parties

Advocate(s) appeared in this case:-

For Petitioner : Mr. Jatindra Kumar Mohapatra,

Advocate

For Opp. Parties : Mr. Laxman Pradhan, counsel for

Opposite Parties

CORAM: JUSTICE B.P. ROUTRAY

JUDGMENT

19^th November, 2025

B.P. Routray, J.

1. Heard Mr. J.K. Mohapatra, learned counsel for the Petitioner

and Mr. L. Pradhan, learned counsel for the Opposite Parties.

2. Present CMP is directed against order dated 22^nd October, 2024 passed in I.A. No.02 of 2024 (arising out of Execution Proceeding No.02 of 2023) by the learned Senior Civil Judge, Phulbani, wherein the prayer of the present petitioner questioning the capacity of

Location: OHC, Cuttack Date: 25-Nov-2025 18:21:18 execution petitioners as legal representatives of the original plaintiff, was rejected.

3. Present petitioner was the defendant in Title Suit No.15 of 1987 which was decreed in favour of the original plaintiff namely, Jasobanta Singh. The decree was in respect of declaration o