Citation : 2025 Latest Caselaw 1104 Ori
Judgement Date : 10 July, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 1267 of 2024
Lalji Bharasagar `.... Petitioners
and Anr Represented by
Mr. A.Mishra, Advocate
-Versus -
Sardul Putel and Ors .... Opposite Parties
Represented by
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER_
Order No. 10.07.2025
02.
1.
This matter is taken up through hybrid mode.
2. Heard Mr. A. Mishra, learned counsel for the petitioner.
3. Mr. Mishra, relying upon the judgment of the Supreme Court in the case of Shyam Sundar Sarma vrs. Pannalal Jaiswal and Ors. reported in AIR 2005 SC 226, submits that the application for condonation of delay filed before the First Appellate Court being dismissed, the present application under Article 227 lies against it and not second appeal.
4. Having regard to the importance of the question of law involved in the present application, this Court deems it proper to request a Senior Counsel proficient in civil matters to assist the Court. Accordingly, Mr. B.Bhuyan, learned Senior Counsel is requested to act as Amicus Curiae.
5. Learned counsel for the petitioner is requested to prepare a
brief for the Amicus Curiae.
6. Mr. B.Bhuyan be intimated by Mr. Mishra as well as by the Office.
7. List this matter on 24.07.2025.
(Sashikanta Mishra) Judge Deepak
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