IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.132 of 2026 Panchami @ Panchali Nayak ..... Petitioners and others Represented by Adv. -

Kalpataru Khuntia -versus-

Collector, Kandhamal and others ..... Opposite Parties Mr. A. Mohanty, ASC CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

28.01.2026 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioners. 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 Petitioners seek to challenge order dated 06.12.2022, 13.07.223 & final order dated 20.12.2023 passed by the learned Civil Judge Senior Division, Balliguda in Execution Proceeding No.06 of 2017.

4. Learned counsel for the Petitioners at this juncture contended that by virtue of the impugned order the right of the Petitioners to file an objection in the execution case under Section 47 of the CPC has been taken away by the learned trial court on the ground of limitation. In the aforesaid context, learned counsel for the Petitioners submitted that the limitation as prescribed in Article 137 of Limitation Act, 1963 would be applicable for filing of objection under Section 47 of CPC as has been held by a Coordinate Bench of this Court in Kaupin Dhari Mahima Samaj and others vs. Satya Mahima Dharma Dham Parichalana Samiti & Ors. reported in 2024 (II) OLR-88. In view of the aforesaid legal position and the ratio laid down by the Coordinate Bench, it was emphatically argued by the learned counsel for the Petitioners that the limitation to file objection is three years under the residuary clause of Article 137 of the Limitation Act. He further submitted that the period of limitation has not yet expired as the three years’ period shall be counted from the date of appearance of the Petitioners in the execution proceeding. 5. Further, it was stated by learned counsel for the Petitioners that in the meantime the execution proceeding has finally been closed. In support of such contention, he also referred to the order dated 20.12.2023 passed in Execution Proceeding No.06 of 2017. On perusal of the order dated 20.12.2023, it appears that the learned executing court has recorded his satisfaction with regard to the full execution of the decree.

6. In view of the aforesaid development, this Court is of the view that the present CMP application under Article 227 of the Constitution of India is not maintainable. While disposing of the present application liberty is granted to the Petitioners to move an appropriate application in the event the Petitioners take recourse to the law for challenging order dated 20.12.2023. It is further directed that two weeks’ time is granted to the Petitioners to take recourse to the law as has been indicated hereinabove and, till such time, status- quo with regard to the suit scheduled property shall be maintained by the parties.

7. With the aforesaid observation/direction, the CMP application stands disposed of.

( Aditya Kumar Mohapatra )

Judge S.K. Rout Signature No t V e r i f i e d

Digitally Signed

Signed by: SANTANU KUMAR ROUT

Reason: Authentication

Location: High Court of Orissa

Date: 02-Feb-2026 11:05:22