Kanchanabala Dei vs State Of Odisha & Ors
2025 Latest Caselaw 6555 Ori

Orissa High Court

Kanchanabala Dei vs State Of Odisha & Ors on 2 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    RSA No. 228 of 2019

            Kanchanabala Dei                             ....             Plaintiffs
                                                                 Represented by
                                                        Mr. S.K.Mishra, Advocate

                                           - Versus -
            State of Odisha & Ors                         ....       Respondents
                                                                  Represented by
                                                                 Additional Govt.
                                                                        Advocate

                  CORAM:
                        JUSTICE SASHIKANTA MISHRA

                                       ORDER

02.04.2025

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

01. . 2. This Court finds that the second appeal was earlier dismissed as per order dated 24.10.2019. Subsequently, the appeal was restored to file as per order dated 17.02.2023 passed in CMAPL No. 755 of 2019. During pendency of the said CMAPL, the deceased sole appellant was substituted by his LRs and brought on record as per order dated 17.02.2023. Hence, no further substitution is necessary since the appeal has been restored to file. The Office note be ignored.

3. Mr. Behera, learned AGA accepts notice on behalf of the State Opposite Parties. Copy of the limitation petition be served

upon Mr. Behera by tomorrow.

4. List this matter hearing in the week commencing 21.04.2025.

(Sashikanta Mishra) Judge

Order No.

01. 1. Notice as above.

2. Mr. Behera, learned State counsel shall apprise the Court with

regard to the present status of the suit land.

3. Mr. Mishra, learned Senior counsel appearing for the appellant-

petitioner submits that his client apprehends that taking

advantage of the impugned judgment, the Opposite Party

authorities may take steps to evict her from the suit house.

4. Mr. Behera, learned State counsel submits that as per

instructions, no such steps are being taken.

5. Taking note of the submission of Mr. Behera, this Court directs

him to take further instructions with regard to the status of the

property.

6. Urgent certified copy be granted in proper application.

(Sashikanta Mishra)