Jagadish Bhoi Vs Humer Singh Majhi

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CMP No.142 of 2014

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23.04.2021 This matter is taken up through video conferencing mode.

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Heard Mr.Manoj Kumar Pati, learned counsel for the petitioners and Mr.D.K.Sahoo, learned counsel for opposite party No.1.

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Office note discloses that AD returned back from opposite party Nos. 2 to 4 and 6 after valid service, but none represents them. Such notice returned from opposite party Nos.5 and 7 with postal endorsement “Addressee always absent hence returned to sender”.

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Petitioners, in this writ petition, seek to assail the order dated 25.11.2013 passed by learned Civil Judge (Senior Division), Titlagarh in CMA No.35 of 2013 arising out of CS No.62 of 2012 pending before him, whereby he rejected an application filed by the petitioner under Order-XL Rule 1 read with Section 151 CPC.

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On perusal of the case record, it appears that the impugned order was passed in the year 2013 and in the meantime almost eight years have elapsed. In that view of the matter, adjudication of the CMP on merit will be an academic one.

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Hence, the CMP is disposed of with an observation that it is open to the petitioners to

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2

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move the learned Civil Judge for appointment of receiver if occasion so arises and in that event, the same shall be considered in accordance with law. 6. With the aforesaid observation, the CMP stands disposed of.

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6.1 As restrictions due to resurgence of COVID19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court’s Notice No.4587 dated 25th March, 2020 as modified by Court’s Notice No.4798 dated 15^th April, 2021.

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……................................ K.R. Mohapatra,J.

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ss

Jagadish Bhoi v. Humer Singh Majhi

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Jagadish Bhoi v. Humer Singh Majhi

Case brief

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