SATARA PRADHAN Vs. COLLECTOR, KANDHAMAL

JUDGEMENT

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

(2.) Order dtd. 23/3/2024 (Annexure-3) passed by learned Civil Judge (Senior Division), G. Udayagiri in Execution Case No. 2 of 2023 is under challenge in this CMP, whereby an application for stay of the execution case has been rejected. The Petitioner further assails the notice dtd. 30/3/2024 for eviction issued by the Executing Court.

(3.) Mr. Mandal, learned counsel for the Petitioner submits that the decree holder obtained the ex parte decree by playing fraud with the Court. The Petitioner being the J.Dr. filed an application under Sec. 47 C.P.C. challenging the executability of the decree. He further assails the substitution of Opposite Party No.7 as legal heir of late Chandramati Pradhan. The Petitioner also prays therein that execution proceeding should be stayed till disposal of the petition under Sec. 47 C.P.C. as well as the petition to determine who is the proper legal heir of late Chandramati Pradhan. The Opposite Party No.7 styling herself to be the sole legal heir of late Chandramati Pradhan, has filed the execution case, which is not maintainable. The ex parte decree is under challenge before the higher forum. Thus, in the aforesaid scenario, the execution proceeding should not proceed. Although a detailed order was passed by learned Executing Court, these vital aspects were not taken into consideration. Hence, he prays for setting aside the impugned order.