NATIONAL INSURANCE COMPANY LTD. Vs. SRI MANORANJAN PATTNAIK

JUDGEMENT

(1.) IN this writ petition, challenge has been made by the National Insurance Co. Ltd. to the order dated 04.10.2007 passed by the learned Civil Judge (Sr. Division) 1st Court, Cuttack in Execution Case No. 94 of 2001 rejecting the petition filed by the decree holder -opposite party to stay the further proceedings of Execution Case No. 94 of 2001.

(2.) THE factual backdrop of the case is as follows;

(3.) THE learned Counsel appearing for the opposite party relying on an unreported decision of the Court in W.P. (C) No. 5123 of 2007 disposed of on 11.5.2007 Konchada Prasad Rao Subudhi v. Smt. Nimana Ammayi and Ors. submitted that this Court did not incline to interfere with the order passed by the executing Court in rejecting the application for stay with an observation that the aggrieved party may approach the trial Court where an application under Order 9, Rule 13 of the Code of Civil Procedure was pending to stay the further proceeding of the execution case.