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Orissa High CourtWP(C)/13127/2007dismissed

Purna Ch.Das v. Nani Gopal Das

2022-09-16Mr. Justice Biswanath Rath1 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13127 OF 2007 Purna Chandra Das ....

Petitioner(s) M/s.S.P.Mishra, Adv.

-versusNani Gopal Das and others ....

Opposite Party(s) Mr.G.B.Jena,Adv.

Mr.A.P.Bose,Adv.

CORAM:

JUSTICE BISWANATH RATH

ORDER

16.09.2022 I.A. No.9177 of 2018 Order No.

04.

1.

This I.A. has been filed for substitution of the sole Petitioner. 2.

Considering the submission made, prayer for substitution stands allowed and legal heirs of the deceased sole Petitioner be impleaded as newly added Petitioners.

3.

I.A. stands disposed of.

(Biswanath Rath) Judge

ORDER

16.09.2022 W.P.(C) No.13127 of 2007 Order No.

05.

1.

Petitioner has no instruction on the survivability of the suit of the year 1992. For the Hon'ble apex Court judgment in Rahul S.Shah reported in (2021) 6 SCC 418, there is no operation of interim order in civil proceeding in Court below.

2.

The Writ Petition stands dismissed for Petitioner having no instruction from the Petitioner.

(Biswanath Rath) Judge Swarna