State Of Odisha vs Ramesh Ch. Swain & Ors
2022 Latest Caselaw 4796 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                            RVWPET No.422 of 2019

        State of Odisha                        ....          Petitioner(s)
                                                            Mr. S. Palit,
                                                           Sr. Advocate
                                    -versus-

        Ramesh Ch. Swain & Ors.                ....     Opposite Party(s)
                                                       Mr. S.P. Mishra,
                                                 Sr. Advocate for O.P.7
                                                          Mr. A.P. Bose,
                                 Advocate for O.Ps.5, 6, 17, 18, 19 & 20

                  CORAM:
                  JUSTICE BISWANATH RATH
                                   ORDER

16.09.2022

Later I.A. No.99 of 2021

27. 1. This Court here finds, this application was filed on 15.04.2019 and in the meantime the Petitioners himself filed SLP (C) No.16420 of 2021 in the Hon'ble Apex Court and this appeal was dismissed by the Hon'ble apex Court with the following order:-

"We are not inclined to entertain the Special Leave Petition under Article 136 of the Constitution.

The Special Leave Petition is accordingly dismissed.

Pending applications stand disposed of."

Thus affirming the judgment in the RVWPET No.422 of 2019.

2. Mr. S.P. Mishra, learned Senior Advocate volunteers to reduce the prayer made in this I.A. to the extent requiring correction in the impugned judgment particularly so far it relates to wrong typographical errors and does not place the other issues. While not pressing the relief

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so far it relates to recall the judgment in RVWPET No.422 of 2019 and / or interfering in its own judgment in the Review Petition on the premises that in the meantime attempt of the present Plaintiff seeking interference of the Hon'ble Apex Court in the judgment of this Court involved herein is turned down by the dismissal of SLP(C) No.16420 of 2021, Mr. S.P. Mishra, learned Senior Advocate fairly submits, request of the Petitioner so far it relates to correction of typographical errors have already been attended to in disposal of I.A. No.227 of 2022, the request of the Petitioners involved herein stands covered and nothing more survives.

3. The I.A. thus stands disposed of, but in terms of the direction for correction in the disposal of the I.A. No.227 of 2022 so far it relates to correction of typographical error in the judgment in RVWPET No.422 of 2019 on this date itself. For the trial not concluded in spite of loss of one and half years' time and even after dismissal of SLP(C) No.16420 of 2021 even since 20.10.2021 and considering that the suit is of the year 1989, this Court directs the Trial Court to undertake the trial exercise on day to day basis and granting adjournments only in case of serious / urgent reasons.

4. Copy of this order be communicated to the trial Court by the Registry forthwith.

.

(Biswanath Rath) Judge

Ayaskanta Jena