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Orissa High CourtWP(C)/1159/2004dismissed

Nityananda Pattnaik v. Jagannath@Jagadanand

2022-10-11Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) NO.1159 OF 2004 Nityananda Pattanaik & anr.

....

Petitioners Mr.S.P.Mishra, Sr.Adv.

-versusJagannath @ Jagadananda Pattanaik & ors.

....

Opposite Party(s) Mr.S.Nayak, Adv.

Mr.P.Mohpatra, Adv.

CORAM:

JUSTICE BISWANATH RATH

ORDER

11.10.2022 11.

1.

Heard learned counsel for the Parties.

Order No.

2.

The matter involves a challenge to the order at Annexure-5 in allowing of an Application for impletion of Parties. 3.

Perusal of the Application seeking impletion of Parties and the reasoning in allowing such impletion, this Court finds, such development is rather in the interest of the Parties the suit involved likely to be involving all controversies to at least avoid future complications and multiplicity of litigations. In the process, this Court is not inclined to interfere with the impugned order. The Writ Petition is dismissed accordingly. This Court, however observes, in the event T.S. No.76/176 of 1990/86-I is still pending, same should be disposed of within a period of four months at least.

// 2 // 4.

Considering the submission of the learned counsel for the Petitioners that one of the Parties is dead, the Parties if so advised may bring substitution petition in the trial court. (Biswanath Rath) Judge M.K.Rout