Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1520 of 2025 Santi Kumar Mitra ..... Petitioner Represented by Adv. - Swayamjit Rout M/s. Fereshte Sethna, Adv. -versus- Lakshmi Narayan Naidu and another ..... Opposite Parties Represented by Adv. – Pradeep Kumar Mohapatra, P. Ranjan, S.K. Mohapatra, A.V.K. Naidu Mr. U.C. Jena, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 05.03.2026 Order No. 03. I.A. No.422 of 2026 1. This matter is taken up through Hybrid mode. 2. Heard Ms. F. Sethna, learned counsel for the Petitioner as well as Mr. P.K. Mohapatra, learned counsel for the Opposite Party No.1 and learned Additional Standing Counsel for the State-Opposite Party No.2. 3. The present I.A. has been filed at the instance of the CMP Petitioner with a prayer for substitution of the sole Petitioner. Page 2 of 4. 4. On perusal of the I.A. application, it appears that the sole Petitioner, who was aged about 90 years, died during pendency of the present CMP application, i.e. on 02.01.2026. The present I.A. has been filed at the instance of the legal heirs of the sole Petitioner to be impleaded as parties to the present CMP application. 5. Learned counsels for the Opposite Parties have no objection to such impletion. 6. Taking into consideration the aforesaid position, the I.A. is allowed. Consolidated copy of the cause title filed in Court today is taken on record. Copy of the same has already been served on learned counsels for the Opposite Parties. CMP No.1520 of 2025 7. Heard Ms. F. Sethna, learned counsel for the Petitioners as well as Mr. P.K. Mohapatra, learned counsel for the Opposite Party No.1 and learned Additional Standing Counsel for the State- Opposite Party No.2. 8. The present CMP application has been filed by the Petitioners under Article 227 of the Constitution of India, thereby challenging order dated 09.05.2025 passed in F.A.O. No.17 of 2023 by the learned 2nd Additional District & Sessions Judge, Puri. By virtue of the impugned order dated 09.05.2025 at Annexure-2 to the CMP application the learned Appellate Court has rejected the prayer of the Petitioners to allow the Petitioners to appear through video conferencing mode. 9. Learned counsel for the Petitioners at the outset submitted that the newly impleaded Petitioners are staying in Kolkata and they Page 3 of 4. have engaged a counsel from Mumbai. She further contended that although they have made several visits in connection with this case, the matter has not yet been disposed of. On such ground, learned counsel for the Petitioners contended that attaining court at Puri has become a costly time consuming affair for the Petitioners. He further contended that since the courts are taking up matters through video conferencing mode, an application was moved before the learned trial Court to permit the Petitioners to appear through virtual mode. However, such application has been rejected mechanically by the learned First Appellate Court. Being aggrieved by such order, the Petitioners have approached this Court by filing the present application. 10. Learned counsel appearing for the Opposite Party No.1 objected to the prayer made by the Petitioners. He further submitted that in the event the Petitioners are permitted to appear through virtual mode, the same would cause hindrance in recording of the evidence. Also, there is a possibility the trial might linger further. 11. In reply to the aforesaid contentions of the Opposite Party No.1, learned counsel for the Petitioners contended that an appeal has been preferred against an order rejecting the application of the Petitioners filed under Order 9 Rule 13 of the CPC. Therefore, no evidence is required to be taken at the appellate stage. She further submitted that in the event the Petitioners are permitted to appear through virtual mode, the same would help in disposing of the appeal expeditiously. 12. This Court, on a further examination of the Orissa High Court VC Rules, 2020, is of the view that the Rule permits the parties to Page 4 of 4. appear before the learned court through virtual mode. Taking into consideration the fact that the appeal is pending since 2023 and that the Petitioners are ready and willing to appear through virtual mode on each and every date fixed, this Court is inclined to allow the prayer made by the Petitioners. Accordingly, the impugned order dated 09.05.2025 at Annexure-2 is hereby set aside. Further, liberty is granted to the Petitioners to move a fresh application before the 2nd Additional District & Sessions Judge, Puri within two weeks from today. In such eventuality, the learned Appellate Court shall consider such application in terms of the Orissa High Court VC Rules, 2020 and permit the Petitioners to appear through virtual mode. Considering the fact that the F.A.O. is pending since 2023, the learned trial Court is requested to expedite the hearing of the F.A.O. and make every endeavor to conclude the same as expeditiously as possible, preferably within two months. Parties are directed to cooperate with the learned First Appellate Court in early disposal of the above noted F.A.O. 13. With the aforesaid observation/direction, the CMP application stands disposed of. ( Aditya Kumar Mohapatra ) Judge S.K. Rout