IN THE HIGH COURT OF ORISSA AT CUTTACK CMAPL No. 273 of 2024 An application under Chapter VIII, Rule-30 of the Orissa High Court Rules, 1948, for restoration.

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Manoj Kumar Sahoo and Others …. Petitioners -versus-

Ram Devi Sahoo & Others …. Opp. Parties Advocate(s) appeared in this case:-

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For Petitioners : M/s. B. Mohanty, S. Sahoo &

N.K. Rout, Advocates Vs.

For Opp. Parties : M/s. A.K. Jena, R.N. Swain, A.P. Rath & P. Sinha, Advocates __________________________________________________________

CORAM:

JUSTICE SASHIKANTA MISHRA

JUDGMENT

23.12.2025 I.A. No.459 of 2025 SASHIKANTA MISHRA, J.

This an application filed by the petitioners seeking condonation of delay in filing the application for restoration (CMAPL) to restore the Second Appeal dismissed for non-prosecution.

2. S.R. has pointed out delay of 1356 days. It is stated under paragraph-3 of the application that the petitioners had no knowledge about the Second Appeal being dismissed for non-prosecution and came to know only on 09.08.2025, when they received notice of the execution proceeding.

3. Mr. Mohanty, learned counsel for the petitioners submits that the appeal was