Jhunturu Behera vs Baidhar Behera & Others
2021 Latest Caselaw 12443 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                S.A NO.158 OF 1991
                Jhunturu Behera                   ....            Appellant
                                                  Mr.S. Ghose, Advocate
                                        -versus-
                Baidhar Behera & Others           ....        Respondents
                                                 Mr.S.S. Swain, Advocate.
                         CORAM:
                         MR. JUSTICE D.DASH
                                            ORDER

    Order No.                              03.12.2021
          10.   1.      This matter is taken up through hybrid arrangement
                (virtual/physical) mode.

2. None appears for the Appellant as well as the Respondents in this Appeal which is of the year, 1991, when it is called. This was also the situation on the earlier occasion.

The Suit out of which this Appeal arises is one for partition which had been filed by the present Appellant as the Plaintiff. That having been dismissed, the First Appeal carried against said judgment and decree by the unsuccessful Plaintiff has also been dismissed. It is borne out from record that Respondent No.2 namely, Hari Behera who was the Defendant No.2 in the suit and was contesting in the Courts below has died sometime in the year, 2003 /2004. The Appeal has thus abated as against him and that has also been so noted in the order dated 06.07.2004.

In the above state of affairs, the Appeal stands dismissed.

(D. Dash), Judge.

Narayan