The High Court of Orissa dismissed the appeal for non-prosecution as the appellant had failed to engage the appointed amicus curiae who had no further instructions. The appeal stands dismissed under Order 1, Rule 35(4) CPC principles regarding abandoned appeals.
Appeal dismissed for non-prosecution.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No. 153 of 2018
Sujata Sahu
Ravi Kiran Kabdaula
..……. Appellant Mr. Amitav Tripathy, Amicus Curiae Versus ..…….. Respondent
CORAM:
JUSTICE S. TALAPATRA JUSTICE SAVITRI RATHO
ORDER
10.05.2023
Order No.
1. This matter is taken up through Hybrid Mode.
2. By the order dated 27.10.2021, Mr. Amitav Tripathy, learned counsel was appointed as amicus curiae to represent the case of the appellant.
3. Mr. Tripathy, learned counsel having appeared before us has candidly submitted that even though the said order was passed on 27.10.2021, the appellant did not contact him despite her knowledge that he has been appointed as amicus curiae to represent her.
4. Mr. Tripathy, learned counsel has further stated that he had shared his telephone number with the appellant.
5. From the order that has been challenged in the appeal, it appears that the appellant might have lost all interests in prosecuting the appeal.
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6. Be that as it may, since there is no representation from the appellant and Mr. Tripathy, learned amicus curiae does not have any instruction, this appeal stands dismissed for non-prosecution.
(S. Talapatra) Judge
(Savitri Ratho)
puspa Judge
PUSPANJALI Digitally signed by PUSPANJALI MOHAPATRA
MOHAPATRA Date: 2023.05.10 17:34:24 +05'30'
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Sujata Sahu
Ravi Kiran Kabdaula
S. TALAPATRA
SAVITRI RATHO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
