Satya N.Mohapatra v. State
Case brief
What is this about?
The First Appeal was dismissed as the underlying suit was disposed of, rendering the appeal infructuous. Consequently, the interim order previously passed was vacated.
What did the court decide?
The interim order dated 23.02.2005 was vacated.
What the court decided
FAO No.77 of 2005
03.03.2016
Since the instant appeal arises out of rejection of an application under Order 39 Rule
s 1 and 2, CPC passed by the learned Civil Judge (Senior Division), Bhubaneswar in I.A. No.187
of 2004 (arising out of C.S. No.216 of 2004), in view of disposal of said suit since 19.05.20
08 as intimated by learned 2nd Additional Senior Civil Judge, Bhubaneswar vide his letter No.5
5 dated 29.02.2016 (Flag-C), the present appeal has become infructuous and the same is dismiss
ed accordingly.
In view of dismissal of the FAO, the interim order dated 23.02.2005 stands vacated.
K.R. Mohapatra, J.
3
Issues for consideration
2 issues framed by the court
Whether the appeal is maintainable given the disposal of the underlying suit.
Whether the interim order dated 23.02.2005 stands vacated upon dismissal of the appeal.
Coram
K.R. Mohapatra
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court