High CourtsSingle Bench

Purna Chandra Mallik And Others vs Bipin Bihari Das And Other

Orissa High Court · Decided on 7 May 2024 · Citation: (2024) 05 OHC CK 0099

HON’BLE JUDGES
A.C. Behera, J
RESULT
Allowed
CASE NUMBER
S.A. No.77 of 2001
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Judgment

24 paragraphs · 366 words

A.C. Behera, J

I.A. NOS.150, 151 AND 152 OF 2019

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

These Interlocutory Applications have been filed on behalf of the appellants for substitution of the legal heirs of the Appellant Nos.3 and 5.

3.

The LRs of the deceased Appellant Nos.3 and 5 have made their appearance

4.

These three Interlocutory Applications are allowed.

5.

The LRs of the deceased Appellant Nos.3 and 5 be placed in their place.

6.

The appellants are directed to file the consolidated cause title of the appeal memo incorporating the names of the LRs of the deceased Appellant Nos.3 and 5 after serving copy thereof on learned counsel for the respondents.

7.

The Registry is directed to incorporate the names of the LRs of the deceased Appellant Nos.3 and 5 in the cause-title of the appeal.

8.

Accordingly, the above three Interlocutory Applications are disposed of finally.

I.A. NOS.153, 154 AND 155 OF 2019

9.

These Interlocutory Applications have been filed on behalf of the appellants for substitution of the legal heirs of the Respondent No.1.

10.

As these Interlocutory Applications have been filed after period of limitation.

11.

The  LRs  of  the  deceased  Respondent  No.1  be  placed  in  his place

12.

These three Interlocutory Applications are allowed.

13.

The appellants are directed to file the consolidated cause title of the appeal memo incorporating the names of the LRs of the deceased Respondent No.1 after serving copy thereof on learned counsel for the respondents.

14.

The Registry is directed to incorporate the names of the LRs of the deceased Respondent No.1 in the cause-title of the appeal.

15.

The appellants are directed to file requisites for issuance of notices to the LRs. of the Respondent No.1.

16.

Accordingly, the above three Interlocutory Applications are disposed of finally.

S.A. NO.77 OF 2001

18.

As per noting of the Registry, the respondent no.4 appeal notice has not been made sufficient and the correct address of the respondent no.3 has been filed.

19.

Therefore, the appellants are directed to file fresh requisites for issuance of appeal notices against the respondent Nos.3 and 4.

20.

List this appeal on 05.08.2024.

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