IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.351 of 2024 In the matter of an application under Article 227 of the Constitution of India.

Sarat Chandra Jagadev …. Petitioner -versus-

Brajakishore Harichandan & others …. Opp. Parties Appeared in this case:-

For Petitioner : Mr. R.K. Mohapatra, Advocate For Opp. Parties : None CORAM:

JUSTICE A.C. BEHERA

JUDGMENT

Date of hearing :29.04.2026 / date of judgment : 30.04.2026 A.C. Behera, J. This Civil Miscellaneous Petition under Article 227 of the Constitution of India, 1950 has been filed by the Dhr in Execution Case No.5 of 2016 being the Petitioner praying for quashing (setting aside) the impugned order dated 30.01.2024 (Annexure-4) passed in that Execution Case No.5 of 2016 by the learned Civil Judge, Khurda.

2. The Petitioner and the Opposite Parties in this CMP were the decree holder (Dhr) and the Judgment Debtors (Jdrs) respectively in Execution Case No.5 of 2016 arising out of RSA No.150 of 2004 in connection with the suit vide T.S No.4 of 1998.

3. It is the case of the Petitioner (Dhr) that, as per the impugned order dated 30.01.2024 (Annexure-4) passed in Execution Case No.5 of 2016, the learned Civil Judge, Khurda dismissed to the