LAWS(ORI)-2024-3-150

MALATI NAYAK Vs. KABITA BAUG

Decided On March 13, 2024
Malati Nayak Appellant
V/S
Kabita Baug Respondents

JUDGEMENT

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

(2.) Order dtd. 19/12/2023 (Annexure-7) passed in Execution Case No.7 of 2023, whereby learned Senior Civil Judge (First Court), Cuttack rejected an application under Sec. 151 CPC filed with a prayer to stay further proceeding of the execution case during pendency of CMA No.64 of 2023 filed to set aside the compromise decree passed in CS No.1037 of 2022.

(3.) Mr. Mishra, learned counsel for the Petitioner submits that CS No.1037 of 2022 was decreed on compromise. But the Petitioner, who is a Paradanasin Lady could not know the repercussions of such compromise, which has been obtained by practicing fraud. It is his submission that hearing of CMA No.64 of 2023 has already commenced as the Petitioner has already filed her evidence in affidavit. Hence, in all fairness, further proceedings of the Execution Case should await the outcome of CMA No.64 of 2023.