IN THE HIGH COURT OF ORISSA AT CUTTACK

RSA No. 42 of 2008

Smt. Annapurna Mohanty and …. Appellants

Others

Represented by

Mr. T.K. Biswal, Advocate

-Versus –

Kashinath Mohanty and Others …. Respondents

Represented by

Mr. D.P. Mohanty, Advocate

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER_ 05.01.2026

Misc. Case No. 901 of 2016

Order No.

1. This matter is ta ken up through hybrid mode.

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2. This is an application for condonation of delay in taking steps for substitution vice respondent No.1, who said to have died on

21.01.2016.

3. It is stated that the fact of death of the respondent No.1 was not within the knowledge of the appellants as they stay at different places. After coming to know of the death of the respondent No.1 prompt steps were taken and the substitution application was filed.

It is further stated that the right to sue survives.

4. Considering the submissions as above and the ground raised, the application is allowed. The delay in filing of the petition for

substitution is condoned.

5. The I.A. is disposed of.

(Sashikanta Mishra)

Judge

Misc. Case No. 902 of 2016 Order No. 1. The present application has been filed for setting aside the

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order of abatement passed against the respondent No.1.

2. Conside