IN THE HIGH COURT OF ORISSA AT CUTTACK CMAPL No.151 of 2025 Managing Committee of Gopinath High School, Bartini & Others ` Petitioners Mr. J. Biswal, Advocate -versus- State of Odisha & Others …. Respondents Mrs. S. Nayak, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 19.02.2026 2. I.A. No.433 of 2025 1. This matter is taken up through hybrid mode. 2. Heard. 3. It is contended that the appeal was dismissed on 27.06.2023 and the said fact was never intimated to the Petitioners by the engaged counsel. Only on verification when it came to the knowledge of the Petitioners that the appeal has bee dismissed for non-prosecution, the present application for restoration was filed with the I.A. seeking condonation of delay. 4. It is contended that since for the latches of the engaged counsel, the Appeal was dismissed for non- prosecution and the same was never intimated to the Petitioners, the delay in filing the restoration application amit be condoned. 5. Even though Mrs. S. Nayak, learned Addl. Standing Counsel raised his objection for condoning such inordinate delay, but considering the stand taken in the I.A. and the fact that the appeal was dismissed on the very first date of its listing and the said fact was never intimated to the Petitioners, this Court is inclined to condone the delay, subject to payment of cost of Rs.6,000/- (Rupees Six Thousand) within two weeks from today. 6. I.A. stands disposed of. CMAPL No.151 of 2025 7. Heard. 8. Considering the grounds taken, order dtd.27.06.2023 is hereby recalled by restoring FAO to its file. 9. The CMAPL accordingly stands disposed of. (Aditya Kumar Mohapatra) Judge