Orissa High Court
Kashilal Sonkar And Others vs Lalan Sonkar And Others …. Opp. … on 21 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMAPL No.741 of 2019
Kashilal Sonkar and others .... Petitioner(s)
Ms. S. Panigrahi, Advocate
-versus-
Lalan Sonkar and others .... Opp. Party(s)
Mr. S. Sharma, Advocate
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
21.01.2025
I.A. No.138 of 2024
Order No.
05. 1. This is an application for substitution of the legal heirs of
the deceased-opposite party No.10.
2. Learned counsel for the petitioners submits that the
opposite party No.10 in the present case has died on 04.11.2015.
3. Considering the submission and the reason stated in the
application, the prayer for substitution filed by the legal heirs of the
deceased-opposite party No.10 is allowed.
4. The I.A. is disposed of.
5. Learned counsel for the petitioners is directed to file
amended memo of parties within one week.
(S.S. Mishra)
Judge
Page 1 of 3
I.A. No.139 of 2024
Order No.
06. 1. This is an application for setting aside the abatement in
filing the application for substitution of the legal heirs of the
deceased-opposite party No.10.
2. For the reason stated in the application, the prayer for
setting aside the abatement is allowed.
3. The I.A. is disposed of.
(S.S. Mishra)
Judge
I.A. No.140 of 2024
Order No.
07. 1. This is an application for condonation of delay of eight
years.
2. Heard.
3. Considering the submission made and the contention
raised by the learned counsel for the petitioner in the application,
the delay of eight years in filing the application for substitution
stands condoned.
4. Accordingly, the I.A. is disposed of.
(S.S. Mishra)
Judge
CMAPL No.741 of 2019
Order No.
08. 1. Vide order dated 21.10.2019, this Court dismissed the
RSA No.588 of 2003 for non-prosecution. Therefore, the petitioner
has moved this CMAPL.
3. Taking into consideration the contentions and the
averments made in the application, the order dated 21.10.2019 is set
aside and the RSA No.588 of 2003 is restored to its original file,
Page 2 of 3
subject to the petitioners paying cost of Rs.2,000/- (Rupees two
thousand) to be deposited in the Orissa High Court Advocates’
Welfare Fund
4. The CMAPL is disposed of.
(S.S. Mishra)
Judge
Swarna
Signature Not Verified
Digitally Signed
Signed by: SWARNAPRAVA DASH
Reason: Authentication
Location: High Court of Orissa
Date: 23-Jan-2025 11:37:18
Page 3 of 3
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