LAWS(ORI)-2023-11-32

CHAKRAPANI SATAPATHY Vs. PRAMOD KUMAR SAHU

Decided On November 03, 2023
Chakrapani Satapathy Appellant
V/S
Pramod Kumar Sahu Respondents

JUDGEMENT

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

(2.) Petitioner in this CMP prays for a direction to learned Civil Judge (Junior Division), Gunupur to execute the decree by issuing warrant of delivery of possession and recover the decreetal dues within a stipulated time.

(3.) It is submitted by Mr. Mishra, learned counsel for the Petitioner that the Opposite Party is a tenant under the Petitioner. He had filed CS No.09 of 2014 for eviction of the Opposite Party, which was decreed ex-parte. Subsequently, the Opposite Party filed an application under Order IX Rule 13 CPC, which is pending for consideration. In order to execute the decree of eviction and realization of the arrear rent, the Petitioner has filed EP No.04 of 2015, in which warrant of delivery of possession was issued vide Annexure-3.