Dr.Pravabati Kar v. Braja Sundar Nanda

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A.No.446 of 2013 Dr. Pravabati Kar ....

Appellant Mr. S.N. Kar, Advocate -versusBraja Sundar Nanda and others ....

Respondents Mr. Biswa Prakash Dhal, Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK Order No.

ORDER

04.07.2022 16.

1. Mr. B.P. Dhal, learned counsel appearing for the Respondents points out that the present Appellant has herself unconditionally withdrawn the suit being C.S. No. 654 of 2011 on dated 17thOctober 2015, pending in the Court of Civil Judge (Senior Division), Cuttack.

2. The challenge in the writ petition was to the vires of the Stamp Act, arising from the filing of the said suit involving the payment of stamp duty. If the suit itself stands withdrawn, then the prayers in the writ petition and consequently the present writ appeal do not survive to be considered.

3. Mr. Kar, learned counsel for the Appellant states that a CMA has been filed for recall of the withdrawal order. Depending on the outcome of the said CMA, the present writ appeal can be revived.

4. The writ appeal is accordingly disposed of. (Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge S. Behera