CHAKRADHAR TRIPATHY Vs. SASANKA SEKHAR TRIPATHY

JUDGEMENT

(1.) Heard learned counsel for the petitioner. None appears for the opposite parties.

(2.) The petitioner assails the later part of the order passed on 30.10.2009, wherein learned Civil Judge (Junior Division), Pattamundai has held that if there was any obstruction to the execution of the writ due to violence created by the judgment-debtors, then the petitioner should have initiated a criminal case against them. Learned counsel for the petitioner, however, submits that as per the provision enshrined in Sub-Rule (2) of Rule 98 of Order XXI of the Code of Civil Procedure, 1908, the executing Court has the jurisdiction at the instance of the applicant to order that the judgment-debtors or any person acting at their instigation or on their behalf to be detained in civil prison for a term which may extend to thirty days. In view of the clear provision, learned Civil Judge (Junior Division), Pattamundai should have invoked such powers and passed appropriate orders.

(3.) Accordingly, finding enough strength on the submission made by the learned counsel for the petitioner, the writ application is allowed, the later order dated 30.10.2009 passed by the learned Civil Judge (Junior Division), Pattamundai in Execution Case No.17 of 1995 is set a side. Learned Civil Judge (Junior Division), Pattamundai is directed to enquire into the matter and if comes to the conclusion that the judgment-debtors are determined to obstruct execution of the decree issued by the aforesaid Court without any just cause, then he shall proceed in accordance with the aforesaid provision.