Pratibha Kumari Baral And Others vs Janardan Pattnaik And Another
2024 Latest Caselaw 198 Ori

Orissa High Court

Pratibha Kumari Baral And Others vs Janardan Pattnaik And Another on 4 January, 2024

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                         IN THE HIGH COURT OF ORISSA AT CUTTACK

                                        MACA No.777 of 2023

                Pratibha Kumari Baral and others             ....             Appellants
                                                       Mr. Biswajit Mohanty, Advocate
                                                  -Versus-


                Janardan Pattnaik and another          ....          Respondents
                                        M/s. Anirudha Das, Advocate & Associates


                            CORAM:
                            MR. JUSTICE R.K. PATTANAIK
                                                 ORDER

04.01.2024 Order No.

02. I.A.No.1372 of 2023

1. Instant I.A. is filed for condonation of delay of 78 days in the filing of appeal on the ground stated therein.

2. Learned counsel for the appellants submits that the appellants being LRs of the deceased could not immediately file the appeal against the impugned judgment dated 10th February, 2023 for the reason stated.

3. In fact, the delay of 84 days is reported in the office note. Learned counsel for the appellants, however, claims it to be 78 days. Learned counsel for respondent No.1, namely, owner of the alleged vehicle is present.

4. No objection is filed by respondent No.1. None has appeared for respondent No.2-Insurance Company despite a valid service.

5. Mr. P.K. Mahali, learned counsel, who usually appear for respondent No.2-M/s. National Insurance Company, in considered view of the Court, should be served with a copy of

the I.A. so as to invite objection to the same and for a final order. Accordingly, learned counsel for the appellant is requested to serve a copy on Mr. Mahali, learned counsel for respondent No.2 by tomorrow.

6. List on 17th January, 2024 for order on the I.A.

(R.K.Pattanaik) Judge

Rojina

Designation: Junior Stenographer