Basudev Behera & Ors vs Abhimanyu Swain And Others
2021 Latest Caselaw 12178 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                RSA No.468 of 2014


            Basudev Behera & Ors.                      ....          Appellants
                                                       Mr. S. Nayak, Advocate

                                   -versus-
            Abhimanyu Swain and Others                 ....           Respondents

                                                None
                      CORAM:
                      MR. JUSTICE D.DASH

                                        ORDER

25.11.2021 Order No.

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

2. The legal representatives of original Defendant Nos. 1 and 2 who had come on record in the First Appeal i.e. RFA No. 52/89 of 2010/2003 in view of death of original Defendant Nos. 1 and 2 during pendency of the First Appeal and had pursued the Appeal filed by those two Defendants have filed the present Appeal under section 100 of the Code of Civil Procedure.

3. The Trial Court had decreed the suit declaring the right, title, interest and possession of the Plaintiff over the suit property and directing those Defendants to remove the walls over there and restraining them from doing of new structure etc. over the eastern boundary lines of the land under plot No.

// 2 //

323. The First Appeal filed by those aggrieved Defendants has been dismissed by judgment dated 11.8.2014.

4. The memorandum of Appeal here having been presented on 26.9.2014, the same is lying on Board without being admitted.

5. None appears in the Appeal of the year 2014 when the same is called as its turn came as per the item of the list as also as a pass over item.

6. In the state of affair, the Appeal stands dismissed for non-prosecution.

(D. Dash), Judge.

Aksethy