Mukunda @ Mukunda Sahu vs Mana Behera & Others
2025 Latest Caselaw 7577 Ori

Orissa High Court

Mukunda @ Mukunda Sahu vs Mana Behera & Others on 25 April, 2025

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                               SA No.183 of 1993

                 Mukunda @ Mukunda Sahu ....         Appellants
                 (dead) & others
                                      Mr. A.K. Nanda, Advocate

                                       -versus-
                 Mana Behera & others             ....     Respondents

                                         Ms. S. Rout, Proxy Counsel,
                                 On behalf of Mr. S. Mishra, Advocate

                  CORAM: JUSTICE SANJAY KUMAR MISHRA


                                      ORDER

25.04.2025 Order No.

49. This matter is taken up through hybrid mode.

2. Learned Counsel for the Appellants prays for further two weeks' time to take steps for substitution of LRs of deceased Respondent No.1 in terms of order dated 11.11.2024.

3. Ms. S. Rout, learned Proxy Counsel, on behalf of Mr. S. Mishra, learned Counsel for all the Respondents files downloaded website copy of Judgment dated 11.04.2025 passed by the Coordinate Bench in RSA No.96 of 2015 (Asit Kumar Pattanaik & others Vrs. Purna Chandra Pattanaik & others). Relying on Para 13 of the said judgment she submits, despite order dated 11.11.2024, no step has been taken for substitution of LRs of deceased Respondent No.1. Hence the appeal be abated as against

deceased Respondent No.1. As consequence thereof, since the decree under challenge is indivisible, in view of the judgment passed by the coordinate Bench in Asit Kumar Pattanaik(supra), the present appeal, as a whole, should also abate in respect of LRs of other deceased Respondents, even if they have being substituted.

4. Mr. Nanda, learned Counsel for the Appellants prays for two weeks' time to examine the said judgment cited by the learned Proxy Counsel for the Respondents so also take necessary steps for substitution.

5. The Appellants may take necessary steps for substitution of LRs of deceased Respondent No.1 before the next date of listing , outcome of which would be subject to the objection raised by the learned Proxy Counsel for the Respondents.

6. In the meantime, office is directed to keep on record of the tracking report of notices to Respondent Nos.6(a) and 6(b) before the next date of listing.

7. Learned Proxy Counsel for the Respondents also prays for an adjournment to take instruction as to whether Mr. Mishra, would be representing Respondent Nos.6(a) and 6(b) by taking instruction in the said regard and file Vakalatnama if so instructed.

8. The matter be listed in the week commencing from 12th May, 2025.

Mona (S.K. Mishra) Judge

Location: High Court of Orissa