High CourtsSingle Bench

Bibhuti Patel @ Others vs Rakhya Nayak @ Others

Orissa High Court · Decided on 30 July 2021 · Citation: (2021) 07 OHC CK 0262

HON’BLE JUDGES
D. Dash, J
RESULT
Disposed Of
CASE NUMBER
S.A. No.9 Of 1996
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Judgment

33 paragraphs · 383 words

D.Dash, J

I.A. Nos.12,13 & 14 of 2021

1.This matter is taken up by video conferencing mode.

2.

These applications have been filed by the Appellants with the prayers for substitution of the legal representatives of deceased Appellant No.4 by

setting aside abatement and condoning the delay.

3.

Heard.

4.

Considering the submissions and on going through the averments taken in the applications; the prayer for substitution of the legal representatives of

Appellant No.4 as indicated in the petition are allowed and the legal representatives of the Appellant No.4 are arraigned as Appellant Nos.4(a) to 4(e)

.

The I.As. are accordingly disposed of. The position as above, be reflected in the cause title.

I.A. No.15 of 2021

1.This matter is taken up by video conferencing mode.

2.

This is an application for substitution of the legal representatives of deceased -Appellant no. 2.

3.

Heard.

4.

Considering the submissions and on going through the averments of the application; prayer for substitution is allowed and the legal heirs of Appellant

No.2 as indicated in the petition are arraigned as Appellant Nos.2(a) to 2(c).

5.

The I.A. is accordingly disposed of. The position as above, be reflected in the cause title.

I.A. No.11 of 2021

1.This matter is taken up by video conferencing mode.

2.

Heard.

3.

Learned counsel for the Appellants does not want to press this application.

4.

Accordingly, the I.A. stands dismissed as not pressed.

I.A. Nos.48 & 49 of 2021

1.This matter is taken up by video conferencing mode.

2.

These applications have been filed for withdrawal of this Appeal , i.e., S.A. No.9 of 1996.

3.

Heard learned counsel for the parties.

4.

Taking into account the submissions advanced and on going through the petition averments, the prayer for withdrawal of this Appeal is allowed and

the I.As. are accordingly disposed of.

5.

In view of the above, the Second Appeal stands disposed of as withdrawn.

6.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021..

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