Dismissed
L.A.O. v. Bhramarbara Swain
Orissa HCMJC/137/2001
Case brief
from the order text
What is this about?
of 2001 03. 21.11.2017 This application has…
What the court decided
AI extract
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M.J.C. No.137 of 2001
03. 21.11.2017 This application has been filed for restoration of O.J.C. No.3997 of 1
996 filed by the petitioner questioning the order dated 13.11.1995 passed by the learned Distr
ict Judge, Puri in Civil Revision No.7 of 1993. That Civil Revision had been filed against an
order passed by the learned Civil Judge, (Sr. Division), Bhubaneswar in Misc. Case No.231 of 1
992 in the matter of an application under section 47 of the Code of Civil Procedure, in an exe
cution proceeding in connection with realization of the awarded amount in a land acquisition r
eference. The writ application having been dismissed on 13.12.2000 for non-compliance of the p
eremptory order dated 23.02.2000. This application has been filed on 04.05.2001. In this matte
r also no step has yet been taken for condonation of delay explaining the late filing.
Learned counsel for the State prays for some time to take steps.
Taking a cumulative view of the matter and finding gross negligence and latche
s on the part of the petitioner, the submission of the learned counsel for the State is repel
led.
Accordingly the application stands dismissed.
.. D. Dash, J.
H
// 2 //
2 issues framed by the court
Whether the petitioner's application for restoration of a writ petition should be allowed or dismissed.
Whether the petitioner showed sufficient cause despite gross negligence and laches.
Petitioner
State
D. Dash
As recorded by the court registry
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