Subasini Dash And Another vs Gopabandhu Kar And Others
2025 Latest Caselaw 3122 Ori

Orissa High Court

Subasini Dash And Another vs Gopabandhu Kar And Others on 30 January, 2025

         IN THE HIGH COURT OF ORISSA AT CUTTACK
                           S.A.No.339 of 1988

 Subasini Dash and another                       .....               Appellant(s)
                                                          Mr. N.K. Sahu, Advocate

                                  -versus-
 Gopabandhu Kar and others                   .....                Respondent(s)
                                                              Mr. Budhiram Das,
                                                                       Advocate
                                 CORAM:
  THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA
                                              ORDER

Order No.                                    30.01.2025
   25.      1.    This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Perused the letter dated 20.09.2024 issued by the Civil Judge, Bargarh, wherein, it has been stated that, as per the order dated 26.09.1989 passed in Misc. Case No.376 of 1989 arising out of S.A. No.339 of 1988 direction was given for the continuance of the suit vide M.S. No.181 of 1988 pending in the court of learned Civil Judge, Bargarh, but, not to deliver the judgment in M.S. No.181 of 1988 without leave of this Hon'ble Court.

3. On perusal of the records, it appears that, the 2nd appeal vide S.A. No.339 of 1988 (in which, the above order in Misc. Case No.376 of 1989 was passed) has already been dismissed on dated 09.02.2024 for the default of the appellants.

4. For the dismissal of the 2nd appeal vide S.A. No.339 of 1988, the order, which was passed on 26.09.1989 in Misc. Case No.376 of 1989 has become infructuous.

5. Due to infructuous of the order dated 26.09.1989 passed in Misc. Case No.376 of 1989 for the dismissal of the 2nd appeal vide

S.A. No.339 of 1988, leave is granted to the Civil Judge, Bargarh for passing judgment in that suit vide M.S. No.181 of 1988.

6. Registry is directed to communicate this order immediately to the Civil Judge, Bargarh in reference to M.S. No.181 of 1988 for passing judgment in that suit.

7. Accordingly, letter dated 20.09.2024 of the Civil Judge, Bargarh is answered.

8. Registry is also directed not to list this matter again for the same purpose.

( A.C. Behera ) Judge Jagabandhu

Designation: Personal Assistant