Priyaswari Mohanta And vs Belamani Mohanta And Others .... Opp. ...
2025 Latest Caselaw 6658 Ori

Orissa High Court

Priyaswari Mohanta And vs Belamani Mohanta And Others .... Opp. ... on 4 April, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    RVWPET No.97 of 2025
                 Priyaswari Mohanta and           ....               Petitioner(s)
                 others
                                            Mr. S. K. Mishra, Senior Advocate
                                           -versus-

             Belamani Mohanta and others          ....              Opp. Party(s)


                      CORAM: JUSTICE SIBO SANKAR MISHRA

                                   ORDER

04.04.2025 RVWPET No.97 of 2025 & I.A. No.158 of 2025 Order No.

01. 1. Heard.

2. The present Review Petition is filed against the judgment

dated 25.07.022 passed by this Court in RSA No.323 of 2015.

3. Mr. Mishra, learned Senior Counsel for the petitioners at

the outset pointed out that apart from various other grounds urged

in the Review Petition, the prominent ground on the basis of which

the Review Petition is liable to be entertainable is that the appellant

namely Narayan Mohanta during pendency of the First Appeal had

died. The Second Appellate Court in paragraph-2 recorded as

under:-

"xxxx xxxx xxxx xxxx The Appellant having died during pendency of the First Appeal, his legal representatives are

come on record and pursuing this Second Appeal.

The Respondent No.1 having died during pendency of the First Appeal, his legal Representatives are on record."

4. Mr. Mishra, learned Senior Counsel submits that the

learned Second Appellate Court has completely gone wrong on

record assuming that the legal representatives of the appellant have

already brought on record and they are pursuing the Second Appeal.

Indeed, there is no legal representative of the appellant brought on

record. This appears to be an apparent error on the face of the

record, the Review Petition is deserves merit.

5. Issue notice to all the opposite parties by Speed

Post/Registered Post with A.D., fixing short returnable date.

Requisites shall be filed within three working days.

6. List this matter after four weeks.

7. In view of the fact that the learned Second Appellate Court

has completely gone wrong in proceeding with the matter on the

assumption that the legal representatives of the appellant are

pursuing the appeal whereas the L.Rs. have never brought on

record, the Review Petition deserves merit for consideration.

Accordingly, the further proceeding of Title Suit No.114 of

2001/116 of 2001 pending in the Court of the learned Senior Civil

Judge, Rairangpur is stayed till the next date of hearing.

(S.S. Mishra) Judge Swarna

Designation: Senior Stenographer

Location: High Court of Orissa Date: 07-Apr-2025 11:54:33