Two incidental applications were decided. The first allowed substitution of legal representatives for a deceased appellant, setting aside abatement and condoning delay. The second allowed withdrawal of the appeal, resulting in its dismissal.
Substitution of LRs allowed; abatement set aside; delay condoned. Appeal dismissed as withdrawn.
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
R.S.A No.114 of 2004
Smt. Kkamala Das @ Kamala Rani Das …. & Others
Appellants
Mr. G.Mukherji, Sr.Advocate & Associates
-Versus-
Govind Prasad Bhomrajka & Another …. Respondents
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
24.07.2023
I.A. Nos. 736,737 & 738 of 2022
Order No.
Page 1 of 2
should be allowed after setting aside abatement and condoning the delay which has occasioned while applying for it.
5. Accordingly, it is ordered.
Kabita
(R.K.Pattanaik) Judge
Signature Not Verified
Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Location: OHC, Cuttack Date: 25-Jul-2023 12:21:13
Page 2 of 2
2 issues framed by the court
Whether to allow substitution of legal representatives of a deceased appellant after condoning delay.
Whether to allow withdrawal of the appeal under Order XXIII Rule 1 CPC.
1 provisions across 1 enactments
Smt. Kkamala Das @ Kamala Rani Das & Others
Govind Prasad Bhomrajka & Another
R.K. Pattanaik
Kabitarani Majhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
