Arjun Charan Das vs State Of Orissa & Others
2021 Latest Caselaw 10911 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                SA No.63 of 1994

            Arjun Charan Das                      ....       Appellant
                                              Mr.S. Mishra, Advocate
                                             -versus-
            State of Orissa & Others               ....    Respondents
                                                         Mr. G.N. Raut, ASC (for
                                                         Respondent Nos. 1 & 2)
                                                         Mr. A.K. Sharma (for
                                                         Resp.Nos.
                                                         4,7,9,10,11,12,13,14,15,16
                                                         & 17)
                                                         M/s.K.C. Misra, S.P. Misra
                                                         & S.N Das, Advocates (for
                                                         Resp. No.3)



                      CORAM:
                      MR. JUSTICE D.DASH
                                        ORDER

25.10.2021 Order No.

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

2. Learned counsel for the Appellants submits to have received no such response from the Appellant No. 2 in the matter of substitution of the legal representatives of Respondent No. 1 as also to further pursue the Appeal despite all the attempts. He submits that pursuant to the earlier orders passed on 25.4.2019 and 24.9.2021, correspondences having been

// 2 //

made those have received no such response. In such situation, he expresses his inability to pursue the appeal in taking part in the hearing.

3. Learned Addl. Standing Counsel submits that in view of death of Appellant No. 1 during pendency of the Appeal and in view of non-substitution of the legal representatives of Appellant No. 1, the Appeal has abated as a whole since long.

According to him, the judgment and decree passed by the learned District Judge, Keonjhar in Title Appeal No. 9 of 1986 have attained its finality in so far as the legal representatives of Appellant No. 1 is concerned and now the Appeal thus having abated as against Appellant No. 1, it also cannot proceed only at the instance of the Appellant No. 2 since they had filed the suit jointly as Plaintiffs.

4. Considering the submissions made, while keeping the contention raised by the learned Addl. Standing Counsel open for consideration if occasion so arises in future; in the state of affair as it stands today, the Appeal is dismissed for non- prosecution.

Issue urgent certified copy as per rules.

(D.Dash) Judge

Aks