Suresh Chandra Meher vs Sushila Bai Patel
2023 Latest Caselaw 9862 Ori

Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 24-Aug-2023 17:12:54

                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                                 W.P.(C) No. 27885 OF 2011
                                               Suresh Chandra Meher                    ....       Petitioner
                                                                           Ms. Rupali Moharana, Advocate
                                                         on behalf of Mr. Amar Kumar Mohanty, Advocate
                                                                        -versus-
                                               Sushila Bai Patel                       .... Opp. Party
                                                                                Mr. S.B. Udgata, Advocate
                                                      CORAM:
                                                      JUSTICE K.R. MOHAPATRA
                                                                       ORDER

                       Order No.                                      23.08.2023
                             4.           1.        This matter is taken up through hybrid mode.

2. The Petitioner in this writ petition seeks to assail the judgment dated 20th August, 2011 (Annexure-2) passed by learned Additional District Judge, Sambalpur in Civil Revision Petition No.12/4 of 2007-08, whereby dismissing the revision, learned Revisional Court confirmed the order dated 20th November, 2007 (Annexure-1) passed by learned Civil Judge (Junior Division), Sambalpur in C.M.A. No.1 of 2002 allowing an application under Order IX Rule 13 CPC and thereby setting aside the ex parte decree passed in T.S. No.144 of 1995.

3. Mr. Udgata, learned counsel for the Opposite Party by filing a memo submits that the Defendant-Opposite Party has died since long and no step for her substitution has been taken, as yet.

4. Learned Addl. District Judge vide his letter No.3474 dated 22nd July, 2023 intimated this Court that CRP No.12/4 of 2007-08 has already been disposed of since 20th August, 2011.

5. Since the suit has already been disposed of in the meantime, this writ petition has become academic.

Signature Not Verified // 2 // Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 24-Aug-2023 17:12:54

6. As such, this writ petition is dismissed as infructuous.

7. Interim order dated 21st November, 2011 passed in M.C. No.16014 of 2011 stands vacated.

                                                                            (K.R. Mohapatra)
               ms                                                                 Judge