Janab Alim Akhtar & Another vs Roquiya Banu &Another
2021 Latest Caselaw 11559 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               RSA No.385 OF 2012

            Janab Alim Akhtar & Another            ....             Appellant
                                              Mr. S.P. Mishra, Sr. Advocate
                                         -versus-
            Roquiya Banu &Another                   ....        Respondents

                                           Mr. R.K. Mohanty, Sr. Advocate
                      CORAM:
                      MR. JUSTICE D.DASH
                                     ORDER

11.11.2021 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. The Appellants, by filing this Appeal, under section 100 of the Code of Civil Procedure (for short, 'the Code') have called in question the judgment passed by the learned Additional District Judge, Rourkela in RFA No. 32 of 2006.

By the said judgment and decree, the First Appellate Court while dismissing the First Appeal filed under section 96 of the Code by the present Appellants (Defendants) has confirmed the judgment and decree passed by the learned Civil Judge (Senior Division), Rourkela in Civil Suit No. 25 of 2005.

3. The Appeal being filed on 01.11.2012, has not yet been admitted.

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4. Mr. S.P. Mishra, learned Senior Counsel appearing for the Appellants under instruction submits that in the meantime, the Respondents (Plaintiffs-Decree Holders) have already received the fruit of the decrees under challenge. The possession of the suit shop room has been taken by the Respondents (Plaintiffs-Decree Holders).

5. Mr. R.K. Mohanty, learned Senior Counsel appearing for the Respondents also submits that the possession of the suit shop room has been obtained by the Respondents and the security deposit has been adjusted towards the awarded damage.

6. Taking into account the submissions concerning the developments in the field with regard to the subject matter of the suit and further keeping in view the nature of the suit as also the reliefs granted therein, this Court finds that further progress of this Appeal instead of serving any useful purpose for the Appellant may be of some academic significance.

At this stage, learned Senior Counsel for the Parties express their views in agreement with what have been said above.

7. In the above premises, this Appeal is dismissed. No order as to cost.

(D. Dash), Judge.

Aks