Heard learned counsel for the parties on the point of admission.

    The appeal is admitted.

    On consent of learned counsel for both parties, hearing on the appeal is taken up.

    Heard.

    Went through the impugned order. The order was an ex parte one. So ir would meet the end of justice if the impugned order is set aside and the matter is remitted back to the District Forum for fresh hearing subject to payment of some cost.

     Accordingly, the appeal is allowed and the impugned order is set aside and the matter is remitted back to the District Forum for fresh disposal, subject to payment of cost of Rs. 6,000/- to the respondent by the appellant. Both parties shall appear before the District Forum on 30.05.2016 to receive further instruction from it on which date the appellant shall pay Rs.6,000/- to the respondent. On payment of the cost, the District Forum shall give some time to the appellant to file written version and proceed with the case in accordance with law and dispose of the matter without delay. In view of such order, Execution case no. 4 of 2016 pending in the file of District Forum, Rayagada is dropped.