Gourahari Mohanty And Others vs Bhargabi Das And Another
2025 Latest Caselaw 1549 Ori

Orissa High Court

Gourahari Mohanty And Others vs Bhargabi Das And Another on 22 July, 2025

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                        RSA No.587 of 2003
Gourahari Mohanty and others             .....               Appellants
                                                  Represented By Adv. -
                                                  Mr. G. Mukharji, Sr.
                                                  Advocate assisted by
                                                  Mr. A. Mishra,
                                                  Advocate

                               -versus-
Bhargabi Das and another              .....                Respondents
                                                 Represented By Adv. -
                                                 M/s S.K. Nayak,
                                                 Advocate for Respondent
                                                 No.1

                     CORAM:
    THE HON'BLE MR. JUSTICE ANANDA CHANDRA
                     BEHERA
                               ORDER

22.07.2025

(Arising out of RSA No.587 of 2003) Order No.

13. 1. This matter is taken up through hybrid mode.

2. This I.A. under Ordeer-41, Rule-21 of the C.P.C., 1908 has been field by the Respondent No.1 in the 2nd appeal vide RSA No.587 of 2003 praying for rehearing of the 2nd appeal, which was kept reserved for judgment only after hearing from the learned counsel for the appellants on dated 14.07.2025.

3. The learned senior counsel for the appellants in the 2nd appeal vide RSA No.587 of 2003 is present.

4. Heard this I.A. from the learned counsel for the Respondent No.1 and the learned senior counsel for the appellants in the 2nd appeal vide RSA No.587 of 2003.

5. When, the judgment of the 2nd appeal vide RSA No.587 of 2003 was kept reserved after hearing only from the learned senior counsel for the appellants, as none was present on behalf of the respondents on the date of hearing and when, before the pronouncement of the judgment of the 2nd appeal vide RSA No.587 of 2003, Respondent No.1 has come forward with this I.A. under Order-41, Rule-21 of the C.P.C., 1908 praying for rehearing of the 2nd appeal vide RSA No.587 of 2003 in order to give opportunity of being heard to the Respondent No.1 and when, the main purpose/object of the Civil Procedure Code is to enable both the parties to get hearing on merit for no other reason, but, only in order to avoid the multiplicity litigation between the parties, then at this juncture, I find no justification to disallow this I.A. filed by the Respondent No.1 in RSA No.587 of 2003.

6. Therefore, this I.A. filed by the Respondent No.1 in RSA No.587 of 2003 is allowed.

7. Accordingly, I.A. is disposed of finally.

( ANANDA CHANDRA BEHERA) Judge

14. 1. On the basis of the final order passed in I.A. No.998 of 2025, this 2nd appeal be posted to 28.07.2025

for rehearing from the learned counsels of both the sides.

2. Learned counsel for the Respondent No.1 sought for an adjournment for rehearing of this 2nd appeal on the ground that, the entire brief of this 2nd appeal are not available with him and he is interested to take soft copies of the brief from the Registry.

3. Therefore, Registry is directed to furnish the soft copies of the entire brief including the LCRs of this 2 nd appeal to the learned counsels of both the sides on production of pendrives by the learned counsels of both the sides.

( ANANDA CHANDRA BEHERA) Judge

(Arising out of RSA No.587 of 2003)

15. 1. Heard learned counsels of both the sides.

2. Both the parties are directed to keep the suit land as it is, till the next date.

3. List this I.A. on 28.07.2025 for objection and hearing.

4. Urgent certified copy of this order be granted to the parties on proper application.

( ANANDA CHANDRA BEHERA) Judge

Jagabandhu

Designation: Personal Assistant