Hrushikesh Sahoo And vs Shaikh Jahangir And
2025 Latest Caselaw 2917 Ori

Orissa High Court

Hrushikesh Sahoo And vs Shaikh Jahangir And on 24 January, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           MACA No.1262 of 2018

        Hrushikesh Sahoo and
        Others                               ....                   Appellants
                                                   Mr. A.K. Mohanty, Advocate
                                          -versus-
        Shaikh Jahangir and
        Another                              ....                  Respondents



                             CORAM:
                  JUSTICE BIRAJA PRASANNA SATAPATHY
                                        ORDER

24.01.2025 I.A. No.289 of 2025 & I.A. Nos.2201 & 2284 of 2024 Order No.

08. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the appellant.

3. I.A. No.289 of 2025 has been filed seeking modification of order dated 07.12.2024.

4. It is contended that by the time the appeal was disposed of by this Court vide order dated 07.12.2024, 2 (two) interim applications in I.A. No.2201 of 2024 and I.A. No.2284 of 2024 were pending before this Court with a prayer to implead one Namita Sahoo as Appellant No.4 in place of Bulei Sahoo and to delete Bulei Sahoo from the Cause Title as she was already dead during pendency of the appeal. But prior to disposed of I.A Nos. 2201/2024 and 2284/2024, since the appeal was disposed of vide order // 2 //

dated 07.12.2024, Claimant/Appellant Bulei Sahoo, though is dead, has been held eligible to get her share of the compensation. Similarly, Claimant Namita Sahoo, has been deprived from getting her share of the compensation and she was not impleaded as a party to the appeal.

4.1 It is accordingly contended that claimant Namita Sahoo be impleaded as Respondent No.4 as prayed in I.A No.2201 of 2024 and claimant Bulei Sahoo be deleted from the cause title as prayed for in I.A No.2284/2024. The share of the Claimant Bulei Sahoo be also disbursed in favour of other claimants/appellants proportionately in terms of the judgment dated 31.10.2017.

5. Having heard learned counsel for the appellant and after going through the record it is found that, by the time the appeal was disposed of by this Court on 07.12.2024, I.A. No.2201 of 2024 and I.A. No.2284 of 2024 were pending with a prayer to implead one Namita Sahoo as Appellant No.4 and to delete Bulei Sahoo from the Cause Title. This Court while disposing all the 3 (three) interim applications permit the learned counsel for the appellant to implead Namita Sahoo as Appellant No.4 and to delete Bulei Sahoo from the Cause Title.

6. Share as due and admissible to Claimant-Bulei Sahoo, be disbursed in favour of the other claimants- appellants proportionately in terms of judgment dated 31.10.2017.

// 3 //

7. All the 3 (three) interim applications accordingly stands disposed of.

(Biraja Prasanna Satapathy) Judge

Basudev

Location: High Court of Orissa, Cuttack