Srinibash Das vs Narottam @ B. Das @ Behera & Ors

Biswanath Rath, J

I.A. NO.24 OF 2020

This application is filed for condonation of delay.

Considering the submission made by Mr. Dash, learned counsel for the Petitioner that the Petitioner does not have any contest involving the

Opposite Party No.3(d), this Court directs, the name of the Opposite Party No.3(d) be deleted from the cause title. Further considering the submission

made by Mr. Dash, learned counsel for the Petitioner that since there is no legal heirs of the deceased Opposite Party No.5(a-3), this Court dispenses

with the substitution in respect of the said Opposite Party No.5(a-3) at the risk of the Petitioner. Memo in this regard filed in Court today be kept on

record.

It is, at this stage of the matter, a statement is made by Mr. B. Das, learned counsel for the Opposite Party Nos.3(b), 4(b) to 4(e) and 5(a-1) that

the Opposite Parties have taken the brief from him.

Looking to the grounds taken in this application and further considering the submission made by the learned counsel for the Petitioner and finding

genuine ground for delay in filing the application, the delay in filing of the restoration petition stands condoned.

The I.A. stands disposed of.

CMAPL NO.80 OF 2020

Looking to the averments made in this petition, keeping in view the inconvenience faced by the learned counsel for the Petitioner in placing the case

bearing S.A. No.293 of 2000 on 17.12.2019 and further for the statement made by Mr. B. Das, Mr. B. Das, learned counsel that the Opposite Party

Nos.3(b), 4(b) to 4(e) and 5(a-1) have taken away the brief from him, this Court allows this CMAPL.

S.A. No.293 of 2000 be restored to its file. Registry is also directed to find-out the assignment and list this matter accordingly.

CMAPL is disposed of with above direction.

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