AI Structured Summary
Not yet generated for this judgment
Judgment
A.C. Behera, J
I.A. Nos.1389, 1390 and 1391 of 2023
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
These three Interlocutory Applications have been filed on behalf of the appellant for substitution of the legal heirs of the Respondent No.8.
It appears from the noting of the Registry that, the notices those were issued to LRs of the Respondent No.8 have already been made sufficient.
Therefore, the Interlocutory Applications filed by the appellants for substitution of legal heirs of the deceased Respondent No.8 are allowed.
Legal heirs of the deceased Respondent No.8 be substituted in his places.
The appellants are directed to file consolidated cause title of the appeal memo incorporating the names of the LRs of the deceased Respondent No.8 after serving copy thereof on learned counsel for the respondents.
Registry is directed to incorporate the names of the legal heirs of the deceased Respondent No.8 in the cause title of the appeal memo.
The appellants are directed to file requisites for issuance of appeal notices to the legal heirs of the Respondent No.8.
Accordingly, the above three Interlocutory Applications are disposed of finally.
S.A. No.387 of 2007
10. It appears from the noting of the Registry that, the appeal notices against the Respondent Nos.11 to 13 have made through Court process. But, the same against the Respondent Nos.11 and 12 have already been made sufficient.
The appellants are directed to file fresh requisites for issuance of appeal notice to the Respondent No.13.
As per noting of the Registry, photo copies of the LCR of the 2nd appeal has not yet been received.
This 2nd appeal is of the year 2007. In the meantime, more than 16 years have been passed but, still then LCR has not been sent by the 1st appellate court and as well as the trial court.
Therefore, the District Judge, Kandhamal is directed to transmit the photo copies of the LCR of this 2nd appeal, i.e., the records of 1st appellate in T.S. No.10 of 1992 (disposed of by the learned Civil Judge(Jr. Division), Phulbani and as well as the photo copies of the records of the suit vide T.A. No.11 of 2001 / T.A. No.19 of 1997 (disposed of by the learned Civil Judge (Sr. Division), Phulbani within a week positively.
Registry is directed to send the copy of this order to the District Judge, Kandhamal for its compliance within the above stipulated period.
List this appeal on 02.07.2024.
……………………………