Latanjali Biswal & Others vs Dibakar Nayak & Others ... Opposite ...
2025 Latest Caselaw 9537 Ori

Orissa High Court

Latanjali Biswal & Others vs Dibakar Nayak & Others ... Opposite ... on 29 October, 2025

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            WP(C) No.1612 of 2022

                 Latanjali Biswal & others       ...          Petitioners

                                                 Mr. D. P. Mohanty, Adv.

                                      -versus-
                 Dibakar Nayak & others          ... Opposite Parties

                                         Mr. Dharmendra Sethy, Adv.

                  CORAM: JUSTICE SANJAY KUMAR MISHRA

                                     ORDER

29.10.2025 Order No.

03. This matter is taken up through hybrid mode.

2. Though, pursuant to order dated 21.02.2022, notices were issued to the Opposite Parties, as per the office note, notices on the Opposite Party Nos.2 to 4 have returned unserved with postal report "Addressee left". As is revealed from the cause title of the present writ petition, the addresses of the said Opposite Parties have been furnished in terms of the addresses appearing in the cause title of CS No.1520/2021-I.

3. Accordingly, in view of the judgments of the Hon'ble Supreme Court reported in AIR 1989 SC 630 (M/s. Madan & Co. Vs. Wazir Jaivir Chand), in (1999) 7 SCC 510 (K. Bhaskaran Vs. Sankaran Vaidhyan Balan & anr.), in (2006) 6 SCC 456 (D. Vinod Shivappa Vs. Nanda Belliappa), in (2007) 6 SCC 555

(C.C. Alivi Haji Vs. Palapetty Muhammed & anr.) and in (2014) 12 SCC 685 (Ajeet Seeds Limited Vs. K. Gopal Krishnaiah), the notices on the Opposite Party Nos.2 to 4 are held to be sufficient.

4. Similarly, since neither the ADs nor the unserved notices have returned from Opposite Party Nos.7 & 8, in view of the provisions enshrined under sub-rule (5) of rule 9, under Order V of the CPC, read with Section 27 of the General Clauses Act, 1897, notices on the said Opposite Parties are also held to be sufficient.

5. Learned Counsel for the Opposite Party Nos.13 to 17 submits that he has already filed a Counter on behalf of Opposite Party Nos.16 & 17 and prays for two weeks' time to file Counter on behalf of Opposite Party Nos.13 to 15.

6. Learned Counsel for the Petitioners seeks leave of this Court to file the Rejoinder in response to the Counter filed by the Opposite Party Nos.16 & 17, which is granted.

7. The matter be listed in the week commencing from 15th December, 2025.

8. Interim order passed earlier shall continue till the next date.

(S.K. MISHRA) JUDGE Mona

Location: High Court of Orissa