Surendra Nath Jena vs Manmath Ku. Malla & Others
2023 Latest Caselaw 12345 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                R.S.A. No.57 of 2019
            Surendra Nath Jena                 ....               Appellants
                                                      Mr. A.K. Mohanty(A),
                                                                 Advocate

                                   -versus-
            Manmath Ku. Malla & Others ....                      Respondents
                                                             Mr. A. Nayak,
                                                       Advocate (R.1 & R.2)
                                                            Mr. N.P. Parija,
                                                       Advocate (R.3 & R.4)
                      CORAM:
                      MR. JUSTICE D.DASH
                                  ORDER

10.10.2023 Order No. I.A. No.1116 of 2023

07. 1. This matter is taken up through hybrid arrangement (virtual/physical mode).

2. Heard.

3. The Respondent No.1, by filing this petition, has prayed that in view of the agreement executed by the parties on 07.09.2023, the Second Appeal be allowed and the judgments and decrees passed by the Trial Court as well as the First Appellate Court be set aside and thus the parties be allowed to continue with the arrangement that they have arrived under the agreement.

4. None is present on behalf of the Respondent No.1 when the matter is called. Record reveals that this matter had been listed on a mention being made by the Respondent No.1.

5. Mr. N.P. Parija, learned counsel for the Respondent Nos.3 and 4 inviting the attention of this Court to the application filed by the Respondent Nos.3 and 4 which has given rise to I.A. No.1116 of 2023 submits that the Respondent Nos.3 and 4 under affidavit have stated that their signatures appear on the agreement, which has been filed by the Respondent No.1 as Annexure-2 to the // 2 //

application giving rise to I.A. No.995 of 2023 are forged and they have never signed on the said agreement. He further submits that having come to know about such move by the Respondent No.1 in connivance with Respondent Nos.3 and 4 have filed the application to give them the chance of hearing before passing any order on that I.A. No.995 of 2023.

5. In the above premises, the prayer made in I.A. No.995 of 2023 being not acceptable, that question is left open to be considered during hearing of the Second Appeal.

6. The I.As. are accordingly disposed of.

                                                                           (D. Dash)
                                                                             Judge
                                                    ORDER
                                                   10.10.2023
          Order No.                           R.S.A. No.57 of 2019

             08.       1.         Let the matter be listed on 18.10.2023 for hearing.



                                                                           (D. Dash)
                                                                             Judge


Himansu




 Signature Not Verified
 Digitally Signed
 Signed by: HIMANSU SEKHAR DASH
 Reason: Authentication
 Location: OHC
 Date: 12-Oct-2023 18:03:35