Allowed

Janaki Mohanta v. State of Odisha

Orissa HC13 Aug 2024CMAPL/5/2024

Case brief

AI extract

What is this about?

Restoration application against dismissal of a 1994 writ petition for non-prosecution. The court allowed legal heirs of the deceased petitioner to prosecute the matter, condoned the 2506-day delay, set aside the dismissal order, and restored the writ petition.

What did the court decide?

Delay condoned; legal heirs allowed to prosecute; order dated 08.02.2017 set aside; OJC No.5249 of 1994 restored to file.

Janaki Mohanta Vs State of Odisha — Civil Procedure and Limitation | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

CMAPL No.5 of 2024

¶3

Janaki Mohanta and others …. Petitioners

¶4

Mr. Maheswar Mohanty, Advocate -versus-

¶5

…. State of Odisha and others Opposite Parties

¶6

Mr. Arnav Behera, Addl. Standing Counsel

¶7

CORAM:

¶8

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

¶9

Order No. 07.

¶10

ORDER 13.08.2024

¶11

This matter is taken up through Hybrid Mode.

¶12

I.A. No.7 of 2024

¶13

It is submitted by Mr. Maheswar Mohanty, learned counsel appearing for the petitioners that against the dismissal of OJC No. 5249 of 1994 for non-prosecution vide order dated 08.02.2017, he has filed CMAPL No.5 of 2024 for restoration of the same along with I.A. No.6 of 2024 for condonation of delay and it is submitted that during the pendency of the writ petition the sole petitioner is dead and he has filed this application, i.e., I.A. No.7 of 2024 seeking leave of this Court to allow the legal heirs of the petitioner to file the CMAPL application on behalf of the petitioner, who is stated to be dead.

¶14

Mr. Arnav Behera, learned Additional Standing Counsel for the opposite parties-State has no objection.

¶15

Page 1 of 3

¶16

Accordingly, considering submission made at the bar, the I.A. No.7 of 2024 is allowed. Legal heirs of the deceased-petitioner are allowed to prosecute the matter.

¶17

Accordingly, the I.A. is disposed of.

¶18

I.A. No.6 of 2024

¶19

This application has been filed by the petitioners for condonation of delay of 2506 days in filing this CMAPL application.

¶20

Heard learned counsel for the petitioner and learned Additional Standing Counsel appearing for the Opposite PartiesState.

¶21

Learned Additional Standing Counsel appearing for the Opposite Parties-State submitted that there is inordinate delay in filing the CMAPL, may not be condoned.

¶22

Learned counsel for the petitioner explained that the petitioner was dead during the pendency of this petition and the legal heirs were not in a position to inform him. When the matter came to the notice of the legal heirs they have contacted him and, thereafter, he filed this CMAPL application to restore the OJC No.5249 of 1994, which stood dismissed for default.

¶23

Considering the averments and grounds taken in the Interlocutory Application, delay in filing the CMAPL is condoned. 11. Accordingly, I.A. stands disposed of.

¶24

Page 2 of 3

¶25

CMAPL No.5 of 2024

¶26

This application has been filed for restoration of OJC No.5249 of 1994, which is dismissed for non-prosecution on 08.02.2017.

¶27

Heard learned counsel for the parties.

¶28

For the reason stated therein, the order dated 08.02.2017 passed in OJC No.5249 of 1994 is set aside and the application seeking restoration of OJC No.5249 of 1994 is allowed. Accordingly, the OJC No.5249 of 1994 is restored to its original file.

¶29

The CMAPL is disposed of accordingly.

¶30

(M.S. Raman) Judge

¶31

Suchitra

¶32

Signature Not Verified

¶33

Digitally Signed Signed by: SUCHITRA BEHERA Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 14-Aug-2024 10:04:29

¶34

Page 3 of 3

Janaki Mohanta v. State of Odisha

Case brief

What is this about?

What did the court decide?

Janaki Mohanta v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bhabagrahi Pradhan Vs Comnr,Land Records

Niranjan Satapathy Vs Pravakar Sathpathy

Badrinarayan Padhy Vs Mamata Padhy

U.I.I.Co.Ltd Vs Gadhi Ch.Rao

Dr.Manoranjan Sahu Vs State

Subhalaxmi Acharya Vs State