Biswabhusan Nayak & Others vs Kailash Ch. Nayak & Others
2021 Latest Caselaw 11331 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              S.A.O. No.14 of 2019


            Biswabhusan Nayak & Others             ....           Appellants
                                              Mr. Gurudutta Kar, Advocate
                                    -versus-
            Kailash Ch. Nayak & Others         ....       Respondents
                                   Mr. J. Mohanty, Advocate (R.3 & 5)
                                      Mr. S.K. Nayak-2,Advocate (R.4)

                        CORAM:
                        MR. JUSTICE D.DASH
                                        ORDER

05.11.2021

Order No.

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

2. The Appellants have filed this Appeal challenging the judgment dated 11.03.2019 passed by the learned Additional District Judge, Bhadrak in R.F.A. No.63 of 2015. By the said judgment, the First Appellate Court had remanded the suit to the Trial Court to decide the same afresh keeping in view the observation made at Para-14 of its judgment after impleading "Bhadrak Talkies and Trading Corporation Ltd." as a party to the suit.

It is submitted at the Bar that in the absence of any interim order of stay being passed by this Court at any time

// 2 //

since the date of filing of the Appeal, the Trial Court having proceeded with the hearing in accordance with the direction given by the First Appellate Court has disposed of the suit afresh by judgment and decree dated 30.09.2021 and 04.10.2021 respectively.

In view of the above, now the remedy lies for the aggrieved party to question the judgment and decree passed by the Trial Court on remand by filing the First Appeal as provided under section 96 of the Code of Civil Procedure.

3. In the above premises, the present Appeal does not survive for consideration.

Accordingly, the Appeal stands dismissed as infructuous.

4. Issue urgent certified copy as per rules.

(D.Dash) Judge

Himansu