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Orissa High CourtCMP/1287/2019disposed off

Tapan Mahalik @ Tapan Kumar Mahalik v. Keshab Mahalik

2022-05-19Mr. Justice Biswanath Rath1 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO.1287 OF 2019 Tapan Mahalik @ Tapan Kumar Mahalik & anr.

....

Petitioners Mr.M.Panigrahi, Adv.

-versusKeshab Mahalik & ors.

....

Opposite Party(s) Mr.P.K.Dash, Adv. for O.Ps.2, 4 & 5.

CORAM:

JUSTICE BISWANATH RATH

ORDER

19.5.2022 I.A.NO.240 OF 2021 Order No.

5.

1.

Heard learned counsel for the Petitioners.

2.

For the Defendants contesting together in the trial court and one of the Defendants dying during pendency of the CMP, substitution is immaterial for the purpose of the CMP. Step for substitution is a subject in the trial court. 3.

I.A. stands disposed of.

(Biswanath Rath) Judge CMP NO.1287 OF 2019 6.

1.

In the circumstance of the impugned order, the present CMP is not entertainable and stands dropped but however, in the event the Petitioners if so advised may find the appropriate proceeding. (Biswanath Rath) Judge M.K.Rout