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G.Pravabati Vs K.v.S.Murty — Orissa HC (2023) — LawSathi Research

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Orissa HC
2023
G.Pravabati Vs K.v.S.MurtyG.Pravabati v. K.v.S.Murty

Dismissed

G.Pravabati v. K.v.S.Murty

Orissa HC16 Mar 2023MACA/909/2012

Case brief

AI extract

What is this about?

The High Court of Orissa dismissed I.A. No.1435 of 2022 and MACA No.909 of 2012. The appeal was dismissed on the ground of limitation as the explanation for the 353-day delay, citing prolonged illness, was found unsatisfactory due to lack of details. Consequently, the prayer to condone delay was rejected.

What did the court decide?

I.A. for condonation of delay and consequent appeal dismissed on ground of limitation.

What the court decided

AI extract

Outcome

I.A. for condonation of delay and consequent appeal dismissed on ground of limitation.

Issue for consideration

Whether the delay of 353 days in filing the appeal is condonable on account of the appellant's prolonged illness?

Detailed headnote1 paragraphs

Where an appeal was filed after a delay of 353 days, the High Court held that the explanation offered by the appellants regarding prolonged illness was insufficient as it lacked details on the nature of the illness. The application to condone the delay was therefore rejected, and the appeal was dismissed due to limitation.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.909 of 2012

Smt. G. Pravabati and another …. Appellants Mr. S.B. Das, Advocate

-versus-

…. K.V.S. Murty and another Respondents Mr. B. Dasmohapatra, Advocate for Respondent No.2

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

16.03.2023

Order No.

I.A. No.1434 of 2022

Since the deficit Court fee has already been paid, the same is accepted on record.

The I.A. is disposed of.

I.A. No.1435 of 2022 & MACA No.909 of 2012

Heard Mr. S.B. Das, learned counsel for Appellants-claimants and Mr. B. Dasmohapatra, learned counsel for Respondent No.2insurer.

There is delay of 353 days in filing the appeal.

The claimants have come up in appeal praying for enhancement of the compensation amount. The receipt of compensation amount by the claimants as per the direction of learned Tribunal is not disputed. Present appeal was earlier dismissed for default. It is explained that due to prolonged illness of the Appellant No.1, the delay occurred in filing the present appeal. Neither the nature of illness nor any details of the illness

is been mentioned in the limitation petition. As such, the same is not found satisfactory. I am not inclined to condone the delay.

The prayer to condone the delay is rejected. I.A. is dismissed. Consequently the appeal is dismissed on the ground of limitation.

( B.P. Routray)

Judge

B.K. Barik

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the delay of 353 days in filing the appeal is condonable on account of the appellant's prolonged illness?

Parties & counsel

AI extract

appellant
Smt. G. Pravabati and another
respondent
K.V.S. Murty and another

Coram

AI extract

B. P. ROUTRAY

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 16 Mar 2023 · March
Registered: 25 Sept 2012
Case no.: MACA/909/2012
CNR: ODHC010285162012
Bench: B. P. Routray
Disposal: Disposed Off

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Cite this judgement

G.Pravabati v. K.v.S.Murty, MACA/909/2012 (OD), decided on 16 March 2023.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

B. P. ROUTRAY

Parties & counsel