Smt. Kkamala Das @ Kamala Rani Das v. Govind Prasad Bhomrajka & Anr.

Mr. G.Mukherji, Sr.Advocate & Associates -Versus- Govind Prasad Bhomrajka & Another …. Respondents CORAM: MR. JUSTICE R.K. PATTANAIK ORDER 24.07.2023 I.A. Nos. 736,737 & 738 of 2022 Order No.

1. Instant I.As have been filed by the appellants substitution of the LRs of appellant No. 6 after setting aside abatement and condoning the delay on the grounds stated therein.

2. Learned counsel for the appellants submits that appellant No. 6 died on 15th March, 2022 leaving behind the LRs, who are required to be substituted in his place in the interest of justice.

3. No objection is received from the other side.

4. Considering the fact that appellant No.6 is dead and there has been delay in applying for substitution of his LRs but having regard to the fact that the parties have resolved to seek permission to Court for withdrawal of the case, the substitution should be allowed after setting aside abatement and condoning the delay which has occasioned while applying for it.

5. Accordingly, it is ordered.

6. In the result, I.As stand allowed. Consequently, the LRs of appellant No.6 are directed to be substituted as appellant Nos. 6(a) & 6(b). As a necessary corollary, the abatement is set aside with the delay being condoned for the said purpose.

7. The above order is to carried out by the office in course of the day. (R.K.Pattanaik) Judge I.A. No. 724 of 2023

The I.A. is filed in terms of Order XXIII Rule 1 CPC for withdrawal of the appeal.

Considering the ground stated therein, I.A stands allowed as no objection is also received from the respondents.

Consequently, the appeal stands dismissed as being withdrawn. (R.K.Pattanaik) Judge Kabita

Signature Not Verified Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Location: OHC, Cuttack Date: 25-Jul-2023 12:21:13