Haribandhu Kisan @ Padhan vs Upendra Kisan And Another .... Opp. ...
2025 Latest Caselaw 6672 Ori

Orissa High Court

Haribandhu Kisan @ Padhan vs Upendra Kisan And Another .... Opp. ... on 4 April, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    RVWPET No.24 of 2024
                 Haribandhu Kisan @ Padhan ....                 Petitioner(s)
                 @ Padhan
                                         Mr. S. K. Mishra, Senior Advocate
                                        -versus-

             Upendra Kisan and another           ....               Opp. Party(s)


                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                         ORDER

Order No.                               04.04.2025
 01.        1.         Heard.

2. The present Review Petition is filed against the judgment

dated 22.12.2023 passed by this Court in RSA No.397 of 2017,

whereby the Second Appeal filed by the petitioner has been turned

down as because the Second Appeal was suffering delay of seven

years seven months twenty-nine days.

Along with the RSA No.397 of 2017, the petitioner had also

moved an application under Section 5 of the Limitation Act being

I.A. No.733 of 2017. The Appellate Court while dealing with the

application arrived at a conclusion that the petitioner could not offer

sufficient cause to explain inordinate delay of seven years seven

months twenty-nine days. Hence, the application was turn down. As

a consequence to that, the Second Appeal has also been turned

down being barred by time. Against the said judgment on the

Second Appellate Court, the present petitioner has filed the Review

Petition.

3. Prima facie I am of the view that the Review Petition is not

maintainable against an order rejecting the application for

condonation of delay to entertain the Second Appeal. However, Mr.

Mishra, learned Senior Counsel submits that the rejection of the

Second Appeal being a decree, it is reviewable. I am not in

agreement with the submission made by Mr. Mishra.

4. At this stage, Mr. Mishra, learned Senior Counsel for the

Petitioner seeks to withdraw the Review Petition to resort to the

right remedy available to him under law.

5. Accordingly, the RVWPET is disposed of with a liberty to

the petitioner to resort to the right remedy available to him under

law. It is made clear that this Court has not expressed any opinion

on the merits of the case in so far as the Second Appeal is

concerned.

(S.S. Mishra) Judge

Signature Swarna Not Verified Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 07-Apr-2025 11:54:33