Appeal dismissed for non-prosecution on the grounds that no steps were taken to list the matter for over ten years after its filing.
Appeal dismissed for non-prosecution.
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F.A.O. No.180 of 2005
14.01.2016 None appears for the appellant when the matter is called.
Though this appeal has been filed since 2005 no steps have been taken to list the matt
er. This appeal arises out of order dated16.03.2005 passed by the learned Civil Judge (Senior
Division), 1st Court, Cuttack in dismissing C.M.A. No. 159 of 2003 filed by the plaintiffs and
allowing Misc. Case No. 209 of 2003 filed by the defendant directing the plaintiffs not to in
terfere with the peaceful possession of the petitioner/defendant No.1 over the suit plot till
disposal of the suit. In the meantime, ten years have already lapsed. Hence, I dont find any j
ustifiable reason to interfere with the order impugned herein at this stage. However, the appe
al stands dismissed for non-prosecution.
K.R.Mohapatra,J.
Appellant/Original Plaintiffs
K.R.Mohapatra
As recorded by the court registry
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