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IN THE HIGH COURT OF ORISSA AT CUTTACK

C.M.P. No.260 of 2022

Shyamsundar Mohanty

….

Petitioner(s)

Mr. A.P. Bose,

Advocate

-versus-

Minati Pattnaik & Anr.

….

Opposite Party(s)

CORAM:

JUSTICE BISWANATH RATH

Order No.

ORDER

05.04.2022

01.

1.

The suit involved herein is pending since 2011.

2.

Considering the submission made by the learned counsel for

Petitioner and in the event there is no admission of the RFA No.75 of

2018 and calling for the records, this Court finds, there is no prevention

on the part of the Executing Court in concluding the execution

proceeding. In the process, this Court directs the trial court to expedite

the hearing in Execution Case No.36 of 2018 and make all attempts to

conclude the same within a period of six months from the date of

communication of an authenticated copy of this order by the Petitioner.

The trial court is also directed to take into consideration the direction

of the Hon’ble apex Court in the case of Rahul S. Shah Vs. Jinendra

Kumar Gandhi & Ors. in Civil Appeal Nos.16