Disposed

Rohita Nayak v. Dhruba Charan Nayak

Orissa HC3 Dec 2016CMP/448/2016

Case brief

AI extract

What is this about?

Petitioners withdrawn a writ petition under Article 226 to file an appeal in the Additional District Judge. Court disposed of the petition, allowing condonation of delay for the appeal and directing continuation of an interim order until the appeal is filed.

What did the court decide?

Court disposed of the petition with observation to file appeal within fifteen days with condonation of delay under Sections 5/14 of Limitation Act.

Rohita Nayak Vs Dhruba Charan Nayak — Civil Procedure and Limitation | Orissa HC (2016)

¶1

C.M.P. No.448 of 2016 03.12.2016

¶2

 Heard Mr. M.K. Nayak, learned counsel for the petitioners and Mr. P.K. Nayak,
learned counsel for the opposite party.

¶3

 Mr. Nayak, learned counsel for the petitioners submits that assailing the orde
r dated 4.3.2016 passed by the learned Civil Judge (Sr. Divn.), Kamakhyanagar in I.A. No.233 o
f 2015 (arising out of C.S. No.255 of 2015), the instant petition has been filed under Article
 227 of the Constitution of India. He further submits that against the said order, appeal lies
 to the Additional District Judge, Kamakhyanagar. But in view of the fact that the lawyers hav
e abstained from the court, the instant petition has been filed. He seeks to withdraw the peti
tion to file appeal before the learned Additional District Judge, Kamakhyanagar.

¶4

 In view of the same, the petition is disposed of with an observation that if t
he petitioner files an appeal before the learned Additional District Judge, Kamakhyanagar alon
g with an application under Sec.5/14 of the Limitation Act within a period of fifteen days fro
m today, learned ADJ shall consider the application for condonation of delay liberally and dis
pose of the appeal in accordance with law. Till a period of fifteen days, the interim order da
ted 21.3.2016 passed by this Court shall continue. Learned lower appellate court shall decide
the matter without being influenced by the interim order dated 21.3.2016 passed by this Court.
 Certified copy of the impugned order be returned to the learned counsel for the petitioners b
y substituting photostat copy thereof.

¶5

 .......
 Dr.A.K.Rath, J.

¶6

BKB

¶7

Rohita Nayak v. Dhruba Charan Nayak

Case brief

What is this about?

What did the court decide?

Rohita Nayak v. Dhruba Charan Nayak

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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