Sri Jagannath Mohaprabhu Bije & vs Smt. Sanjukta Lenka & Others
2021 Latest Caselaw 11176 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               R.S.A. No.348 of 2007

            Sri Jagannath Mohaprabhu Bije & ....          Appellants
            Others
                                      Mr.R.K. Mohanty, Sr.Advocate


                                    -versus-
            Smt. Sanjukta Lenka & Others           ....        Respondents
                                                 Mr. S. Mohanty, Advocate
                                                                 (R.1 & 2)

                       CORAM:
                       MR. JUSTICE D.DASH
                                        ORDER

01.11.2021 Order No.

10. 1. This matter is taken up through hybrid arrangement (virtual/physical mode).

2. Mr. R.K. Mohanty, learned Senior Counsel for the Appellants submits that Respondent Nos.3 and 5 having died in the meantime; since they did not contest the suit after filing the written statement supporting the case of the Plaintiff-Appellants nor did contest the First Appeal; substitution of their legal representatives in this Second Appeal is not necessary. The memo to the above effect filed in Court today is taken on record.

3. Keeping in view the submissions made, the judgments passed by the courts below being gone through the position as presented by the learned Senior Counsel for the Appellant is found to be correct. In that view of the matter, the name of // 2 //

Respondent Nos.3 and 5 be expunged as dead in the Cause Title.

The corrected copy of the cause title carrying out the above order as well as the order dated 16.09.2021 passed by this Court in I.A. Nos.296,297 & 298 of 2021 be filed within two weeks hence.

4. List this matter on 15th December, 2021.

(D. Dash) Judge.

ORDER 01.11.2021 I.A. No.295 of 2021 Order No.

11. 1. This matter is taken up through hybrid arrangement (virtual/physical mode).

2. Heard.

3. Considering the submissions, as an interim it is directed that the order of status quo as passed on 14.09.2007 and further extended on 16.09.2021 would continue to hold the field until further orders.

Issue urgent certified copy as per rules.

(D. Dash) Judge.

Himansu