Orissa State Housing Board vs Sebati Dei @ Routray (Dead) And
2022 Latest Caselaw 2252 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     AHO No.34 of 2000


              Orissa  State        Housing       Board, ....               Appellant
              Bhubaneswar
                                     Mr. Dayananda Mohapatra, Advocate
                                     -versus-
              Sebati Dei @ Routray (dead) and ....            Respondents
              others
                            Mr. G. M. Rath, Advocate for Respondent No.1

                         CORAM:
                         THE CHIEF JUSTICE
                         JUSTICE R. K. PATTANAIK

                                           ORDER

18.04.2022 Order No. Misc. Case. No.2 of 2013

29. 1. This is an application for condonation of delay in filing the application for substitution vice deceased Respondent No.1.

2. Considering the submissions made and for the reasons stated therein, the application is allowed. The delay, if any, is condoned.

Misc. Case No.3 of 2013

3. This is an application for setting aside abatement as against deceased Respondent No.1.

4. For the reasons stated therein, the application is allowed and the abatement, if any, against deceased Respondent No.1 is set aside.

Misc. Case No.1 of 2013

5. This application has been filed for substitution of deceased- Respondent No.1, namely Sebati Dei by her legal heirs, as per the schedule to the application.

6. For the reasons stated therein, the application for substitution is allowed.

7. The legal heirs of deceased-Respondent No.1, as per the schedule to the application be substituted as Respondent Nos.1(a), 1(b), 1(c) and 1(d).

8. The consolidated cause title incorporating the names of the newly substituted Respondent Nos.1(a), 1(b), 1(c) and 1(d) shall be filed in course of the day.

AHO No.34 of 2000

9. Hearing is concluded. Judgment is reserved.

10. It will be open to learned counsel for the parties to file their respective written notes of argument within a week.

(Dr. S. Muralidhar) Chief Justice

(R. K. Pattanaik) Judge M. Panda