Orissa High Court
Umakanta Dutta (Since Dead) vs Prasanna Kumar Giri (Since Dead) on 19 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
F.A. No.469 of 1980
Umakanta Dutta (Since Dead) .... Appellants
through his L.Rs.
Mr.D.P.Mohanty, Advocate
-versus-
Prasanna Kumar Giri (Since Dead) .... Respondents
through his L.Rs
Mr. P.R.Barik, Advocate
CORAM:
MR. JUSTICE D.DASH
ORDER
19.08.2021
Order No. I.A. No.22 of 2021
42. 1. This matter is taken up through hybrid arrangement
(virtual/physical mode).
2. This application has been filed for substitution of the
legal representatives of the Appellant No.1(a).
3. Heard.
4. Considering the submissions made and on going
through the averments taken in the application, prayer for
substitution of the legal representatives of Appellant No.1(a) as
indicated in the petition, is allowed.
5. The I.A. is accordingly disposed of.
(D.Dash)
Judge
// 2 //
Order No. I.A. Nos.31, 32 and 33 of 2019
43. 1. These applications have been filed for substitution of
the legal representatives of Respondent No.3 by setting aside
abatement and condoning the delay.
2. Heard.
3. Considering the submissions made and on going
through the averments taken in the applications, prayers are
allowed.
4. The I.As. are accordingly disposed of.
(D.Dash)
Judge
Order No. F.A. No.469 of 1980
44. 1. Corrected page of the cause title carrying out the above
orders of substitution filed in Court is taken on record.
(D.Dash)
Judge
Order No. I.A. No.34 of 2021 & F.A. No.469 of 1986
45. 1. This is an application under Order 23 Rule 3 of the
Code of Civil Procedure filed by the parties to this Appeal.
// 3 //
2. Heard Mr.D.P.Mohanty, learned counsel for the
Appellants and Mr.P.R.Barik, learned counsel for the
Respondents.
4. It is submitted by the learned counsels that the
compromise petition has been written in terms of the
compromise that the parties have voluntarily arrived at in order
to put an end to the litigation and as per their instructions. They
submit that the contents of the compromise petition being read
over and explained to the parties, they having found those to
have been correctly written, have signed and sworn the
affidavits in support of the same.
5. Learned counsels present submit to have been
authorized by the parties to admit the compromise which they
so admit in court today.
6. Keeping in view the submissions made and on going
through the averments taken in the petition as also the judgment
and decree passed by the Trial Court, this Court finds no such
reason to say that the compromise is not lawful.
7. Accordingly, the compromise is accepted. The Appeal
thus stands disposed of in terms of the compromise with further
order that the compromise petition would form a part of the
decree.
8. The I.A. and the F.A. are hereby disposed of.
Issue urgent certified copy as per rules.
(D.Dash)
Judge
