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2017 Supreme(Ori) 566

A.K.RATH
Banchhanidhi Dakua – Appellant
Versus
H. S. C. L. Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.B.S. Rayaguru, Advocate
For the Opp. Party :Mr.S.K. Sarangi, Advocate

JUDGMENT :

Dr. A.K. Rath, J.

By this application under Article 227 of the Constitution of India, challenge is made to the order dated 22.6.2015 passed by the learned 1st Additional District Judge, Rourkela in R.F.A. No.06 of 2015, whereby and whereunder learned appellate court dismissed the appeal for non-depositing of security amount of Rs.2 lakhs.

2. The petitioner was an employee of the opposite party. He was residing in a quarter provided by the employer. He retired from services on 31.01.2001. Since he did not vacate the quarter, the opposite party as plaintiff instituted C.S. No.114 of 2009 in the court of the learned Civil Judge (Sr. Divn.), Rourkela for eviction and recovery of house rent impleading the petitioner as defendant. The defendant filed a counter claim. The suit was decreed. Learned trial court directed the defendant-petitioner to deliver the vacant possession of the premises and to pay Rs.3,87,181/-which includes arrear house rent, electricity charges and damages within three months. He filed R.F.A. No.6 of 2015 before the learned Additional District Judge, Rourkela. There was delay in filing the appeal. An application for condonation of delay was filed. On 16.5.20




















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