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Judgment
S.K. Mishra, J
This matter was listed on 29.09.2021. Though oral order was passed on the said date, but the same could not be typed out and signed. Hence, this matter is listed today under the heading "To Be Mentioned" and taken up through hybrid mode.
In this Interim Application, the Petitioner has prayed to modify the order dated 19.09.2019 passed in Civil Suit No.162 of 2010 with a direction to the Defendant Society i.e. Bhubaneswar Athletic Association to conduct the election within a stipulated period.
Learned counsel for the Opposite Party No.2 submitted that the said Interim Application is not maintainable.
However, in view of Section 152 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code" for brevity), we are of the opinion that the aforesaid Interim Application is maintainable, as the only prayer of the Petitioner is that the aforesaid order passed by this Court for holding election by the Defendant Society i.e. Bhubaneswar Athletic Association is not being carried out because there is no stipulation of any particular time limit.
Hence, this I.A. is allowed. The Opposite Party No.2/ Defendant Society i.e. Bhubaneswar Athletic Association is hereby directed to carry out the order dated 19.09.2019 passed in Civil Suit No.162 of 2010 within a period of six months from today and hold election as per the procedure prescribed.
Accordingly, the I.A. is disposed of.
There shall be no orders as to costs.
Urgent certified copy of this order be granted on proper application.