Durga Charan Naik vs Bigyabani @ Bingyabati @
2025 Latest Caselaw 1007 Ori

Orissa High Court

Durga Charan Naik vs Bigyabani @ Bingyabati @ on 8 July, 2025

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                              L.A.A. No.14 of 2016

                 Durga Charan Naik                  ....        Appellants

                                                Mr. B. Mohanty, Advocate

                                         -versus-
                 Bigyabani @ Bingyabati @    ....      Respondents
                 Bhagyabati Patel and
                 others
                                         Mr. G.N. Sahu, Advocate

                  CORAM: JUSTICE SANJAY KUMAR MISHRA

                                       ORDER

08.07.2025 I.A. No.111 of 2025 Order No.

07. This matter is taken up through hybrid mode.

2. This is an application filed by one of the LRs of deceased Respondent No.2 in a disposed of appeal with a prayer to direct the Senior Civil Judge, Sundargarh to consider and dispose of the petition under Annexure-3, which is allegedly pending before the said Court.

3. Admittedly, the appeal was dismissed vide order dated 11.10.2023, as learned Counsel for the Appellant renders no instruction and interim order dated 12.07.2016 was vacated. In view of the dismissal of the Appeal, the referral Court was given liberty to disburse the awarded amount in terms of the impugned judgment dated 17.12.2015 passed in L.A.R. Case No.344 of 2013 along with accrued interest thereon in accordance with law within a stipulated period.

4. Learned Counsel for the Petitioner/Applicant, who represents one of the LRs of deceased Respondent No.2 submits, pursuant to such observation made by this Court, though the awarded deposited amount has been released by the referral Court, but accrued interest thereon has not been disbursed till date, for which the application at Annexure-3 has been filed, which is still pending for consideration.

5. He further submits, such application was moved before the referral Court in view of the observation made by the Division Bench of this Court vide order dated 12.03.2025 passed in W.P.(C) No.6292 of 2025 (Kamala Naik Vs. State of Odisha and another). He files photocopy of certified copy of the said order to substantiate such submission made before this Court, which be kept on record.

6. Since this is a disposed of Appeal and the present Petitioner-Applicant was not a party to the Appeal and an application is pending before the referral Court, in view of the observations made vide order dated 12.03.2025 passed in W.P.(C) No.6292 of 2025, this Court is not inclined to allow the prayer made in the I.A. at the instance of one of the LRs of deceased Respondent No.2, who is not a party to the appeal.

7. Accordingly, the I.A. stands dismissed.

8. Needless to mention here that, the Petitioner- Applicant may approach the referral Court to expedite the hearing and disposal of his application in accordance with law.

(S. K. Mishra) Kanhu Signature Not Verified Judge Digitally Signed Signed by: KANHU BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack.