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2025 DAILYLAW 11202 (ORI)

CHANDRAMANI PALAI v. BHARAT DAS

WP(C)/8386/2009 · 2025-08-08

Harish Tandon Cj

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.8386 of 2009 Chandramani Palai and others …. Petitioners Represented by Adv.– Mr. N.P. Parija, Advocate -Versus- Bharat Das and others …. Opposite Parties Represented by Adv.– Ms. Mamata Mishra, Advocate CORAM: HON’BLE THE CHIEF JUSTICE Order No. ORDER 08.08.2025 08. 1. Though the direction was passed on 25th July, 2025 to take steps for substitution of the heirs and legal representatives of petitioner No.2, opposite parties No.3, 4 and 5, but no application is filed and a prayer for extension of time is sought for. 2. After perusal of the nature of the claim and the decree as sought for, we find that the cause of action cannot be segregated being indivisible in nature and, therefore, the entire proceeding is liable to abate. 3. The instant writ petition is accordingly abated. The interim order dated 11th May, 2010 passed in the instant writ petition stands vacated. (Harish Tandon) Chief Justice S.K. Guin/PA