JANARDAN DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through Hybrid mode.

(2.) Petitioners in this CMP seek to assail the order dtd. 16/2/2023 (Annexure-8) passed by learned Senior Civil Judge, Baripada in Execution Case No.19 of 2014, whereby it is directed that further proceeding of the suit shall remain stayed till disposal of the SLP No.37885 of 2013 pending before Hon'ble Supreme Court as well as CMAPL No.13 of 2023 pending before this Court.

(3.) It is submitted by Mr. Basu, learned counsel that the decree passed in TS No.10 of 1995 is put to execution in Execution Case No.19 of 2014. The decree was passed in favour of the Petitioners/DHrs. for recovery of possession and realization of arrear rent from the Defendant therein, namely, Hindustan Petroleum Corporation Limited-Opposite Party No.1. During pendency of the Execution Proceeding, an application was filed by Opposite Party Nos.2 and 3under Order XXI Rule 99 CPC. They have also filed an application under Sec. 47 CPC, which is pending consideration. The SLP No.37885 of 2013 has been filed by the present Petitioners assailing the judgment and decree passed by this Court in FA No.185 of 1997 filed by the Opposite Party Nos.2 and 3. Thus, a memo was filed on 10/2/2023 (Annexure-7) stating as under:-