Akura Meher @ Akrura Rohidas vs Tilottama Sahu And Others
2023 Latest Caselaw 384 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CMP NO. 1242 OF 2022
                 Akura Meher @ Akrura Rohidas           ....   Petitioner
                                              Mr. B.K. Mohanty, Advocate
                                         -versus-
                 Tilottama Sahu and others              .... Opp. Parties




                      CORAM:
                     JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             10.01.2023
    1.      1.      This matter is taken up through hybrid mode.

2. The Petitioner in this CMP seeks to assail the order dated 12th October, 2022 (Annexure-3) passed by learned Additional District Judge, Padampur in RFA No. 5 of 2021, whereby a petition filed under Order XXII Rule 4 C.P.C. for substitution of the legal heirs of the deceased Respondent Nos.1 and 2 has been rejected.

3. It is submitted by Mr. Mohanty, learned counsel for the Petitioner that during pendency of the appeal, the Respondent No.1, namely, Tiknu Padhan, died on 8th June, 2021 and Respondent No.2, namely, Smt. Dhira Padhan, died on 10th August, 2021. Respondent No.4 filed objection to the petition for substitution along with documents stating that Respondent No.1 died on 9th December, 2020 and Respondent No.2 died on 17th October, 2018, i.e. before pronouncement of the judgment and decree in the suit. Learned Appellate Court without making any enquiry to that effect passed the impugned order observing

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that when the Respondent Nos.1 and 2 died before pronouncement of the judgment and decree, a petition under Order XXII Rule 4 C.P.C. is not maintainable.

4. At this stage, Mr. Mohanty, learned counsel for the Petitioner prays for withdrawal of CMP to work out his remedy before learned Appellate Court.

5. In view of such submission, the CMP is disposed of as withdrawn.

Urgent certified copy of this order be granted on proper application.

                                        (K.R. Mohapatra)
bks                                          Judge