Madhu Domb And Others vs Sudhakar Domb And Others
2023 Latest Caselaw 1445 Ori

Citation : 2023 Latest Caselaw 1445 Ori
Judgement Date : 10 February, 2023

Orissa High Court

Madhu Domb And Others vs Sudhakar Domb And Others on 10 February, 2023

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  CMP No. 216 OF 2015
                 Madhu Domb and others                      ....      Petitioners
                                                                          None

                                           -versus-
                 Sudhakar Domb and others             .... Opp. Parties
                                      Mr. Dillip Kuamar Mishra, Advocate
                                   [For Opp. Party Nos.3, 11(a) and 11(b)]

                      CORAM:
                      JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             10.02.2023
   9.       1.      This matter is taken up through hybrid mode.

2. None appears for the Petitioners at the time of call.

3. Order dated 1st August, 2014 (Annexure-1) passed by learned District Judge, Kalahandi at Bhawanipatna in C.M.A. No.06 of 2005 (arising out of M.J.C. No.71 of 1999) is under challenge in this CMP, whereby an application filed under Section 151 C.P.C. to restore M.J.C. No.71 of 1999 filed to restore/re- admit Title Appeal No.12 of 1991, has been dismissed.

4. On perusal of the record, it appears that assailing the judgment and decree passed in T.S. No.104 of 1985 by learned Sub-ordinate Judge, Bhawanipatna, the Petitioners preferred Title Appeal No.12 of 1991, which was dismissed for default. Thus, an application in M.J.C. No.71 of 1999 was filed to readmit/restore the appeal, which was also dismissed for default. Subsequently, the Petitioners filed C.M.A. No.06 of 2005 to restore M.J.C. No.71 of 1999. Learned District Judge, Kalahandi discussing the

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material in detail, rejected the petition vide order dated 1st August, 2014 under Annexure-1. Hence, this CMP has been filed.

5. Since none appears on behalf of the Petitioners to pursue the matter, the CMP stands dismissed for non-prosecution.

(K.R. Mohapatra) Judge ms