Smt. Hemalata Swain And vs Rabindranath Swain And Others
2025 Latest Caselaw 978 Ori

Orissa High Court

Smt. Hemalata Swain And vs Rabindranath Swain And Others on 7 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               RSA No.317 of 2025


       Smt. Hemalata Swain and               .....                   Appellants
       others
                                                       Represented by
                                                       Mr. D.P.Mohanty,
                                                       Advocate

                                      -versus-
       Rabindranath Swain and others         .....                      Respondent

                                                       Represented by
                                                       None

                                     CORAM:
            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA

                                        ORDER

Order No.                              07.7.2025.
                                 I.A. No.846 of 2025

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

2. This is an application filed by the appellant-petitioners seeking leave to prosecute the appeal along with other appellants. It is stated that Tejaswini Swain, who was the Appellant No.5 before the lower appellate court, died on 28.05.2025 i.e. after passing of the judgment on 27.03.2025. She intends to join the other appellants to prosecute this appeal.

// 2 //

3. Considering the above facts and the submissions, the application is allowed. Appellant Nos.5 to 7 are granted leave to prosecute the appeal.

                                                                                (Sashikanta Mishra)
                          AKB                                                        Judge

02. 1. List this matter for admission in the week commencing 28.7.2025 along with R.S. A. No.318/2025.

2. In the meantime, if need be, the appellants are permitted to move an application for adjournment before the Executing Court and in such event, the said Court shall adjourn the matter keeping in mind the date fixed for hearing of this appeal.

3. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge

Designation: A.D.R.-cum-Addl. Principal Secretary

Location: High Court of Orissa, Cuttack