All Orissa Settlement Technical vs State Of Orissa & Another
2021 Latest Caselaw 11293 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             S.A. No.18 of 1986


            All Orissa Settlement Technical                              Appellant
            Establishment Employees                   ....
            Association
                                                           Mr.S.S. Basu, (Advocate)
                                           -versus-
            State of Orissa & Another                 ....             Respondents
                                                                 Mr.A. Mukherjee
                                                                        (Advocate)
                                                              Mr. G.N. Rout (ASC)



                      CORAM:
                      MR. JUSTICE D.DASH
                                        ORDER

Order No.                              03.11.2021
   07.      1.      This matter is taken up through hybrid arrangement
            (virtual/physical mode).

2. With this Second Appeal No.18 of 1986, there was one more connected Second Appeal, i.e., Second Appeal No.17 of 1986. Both the Appeals filed by this Appellant had been admitted on 07.03.1986 on three identical substantial questions of law as mentioned at Ground Nos.4,5 and 7 of the Memorandum of Appeal.

3. None appears for the Appellant as well as Respondents in this matter of the year 1986 when it is called. It reveals that by order dated 09.02.2018, notice in S.A. No.17 of 1986 had been sent to the Appellant for his appearance in taking needful step in pursuing that Appeal. The notice had returned with the endorsement that the Appellant having retired from service

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prior to 15 years and as was no more residing at the given address, the service could not be served. In that situation, S.A. No.17 of 1986 has been dismissed by order dated 01.08.2019.

4. In view of the dismissal of the said S.A. No.17 of 1986 which has attained finality and as that Second Appeal had also been filed challenging the very same common judgments and decrees passed by the Sub-ordinate Judge, Bhubaneswar in Title Appeal No.8 & 9 of 1985 and when none is also present on behalf of the Appellant in Court today at the time, the matter is called, this Court finds no justification to keep this Second Appeal No.18 of 1986 further pending on the board.

5. In view of the above, this Appeal stands dismissed for non-prosecution.

6. Issue urgent certified copy as per rules.

(D. Dash) Judge

Himansu

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