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Braja Vs Nuadei — Property and Title | Orissa HC (2024)

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Orissa HC
2024
Braja Vs NuadeiBraja v. Nuadei

Dismissed

Braja v. Nuadei

Orissa HC1 Oct 2024SA/198/1990

Case brief

AI extract

What is this about?

Second appeal dismissed for non-prosecution as counsel stated there was no instruction from the appellant to pursue the appeal further.

What the court decided

AI extract

A

IN THE HIGH COURT OF ORISSA AT CUTTACK SA No.198 of 1990

Brajabandhu Patel Appellant(s) Represented By Mr. M. Mohanty, Advocate appearing on behalf of Mr. S.P. Mishra, Senior Advocate

-versus-

Nuadei Banchhor & Others

…. Respondent(s) Represented By None

CORAM:

MR. JUSTICE A.C. BEHERA

ORDER

Order No.

31.

01.10.2024

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the appeal should be dismissed for non-prosecution given the appellant's lack of instruction to pursue it.

Parties & counsel

AI extract

appellant
Brajabandhu Patel
respondent
Nuadei Banchhor & Others

Coram

AI extract

A.C. Behera

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 1 Oct 2024 · October
Registered: 6 Jul 1990
Case no.: SA/198/1990

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Cite this judgement

Braja v. Nuadei, SA/198/1990 (OD), decided on 1 October 2024.

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

Bench / Coram

A.C. Behera

Parties & counsel

Outcome

Dismissed

Issue for consideration

Whether the appeal should be dismissed for non-prosecution given the appellant's lack of instruction to pursue it.

Detailed headnote1 paragraphs

Dismissal of appeal for non-prosecution. Counsel for the appellant informed the court that no instructions had been received from the appellant to pursue the appeal; the court treated this as showing the appellant's disinterest and dismissed and disposed of the appeal finally.

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.

Learned counsel for the appellant submitted that, there is no instruction from the side of the appellant to pursue the appeal for its further prosecution.

The above conduct of the appellant itself is going to show that, the appellant is not interested to pursue the appeal further.

Hence, the appeal is dismissed for its non-prosecution from the side of the appellant.

Accordingly, the appeal is dismissed and disposed of finally.

( A.C. Behera ) Judge

Signature Not Verified

Digitally Signed

Signed by: RATI RANJAN NAYAKRati Ranjan Reason: Authentication Location: High Court of Orissa, Cutt ack, India. Date: 03-Oct-2024 10:54:47

CNR

ODHC010011421990

Topic

Property and Title

Bench

Ananda Chandra Behera

Disposal

Disposed Off

1 Oct 2024

Subhra Vs Santosh

1 Oct 2024