IN THE HIGH COURT OF ORISSA AT CUTTACK

S.A. No.387 of 1989

Gouri Sankar Behera ..... Appellant

Represented by

Mr. S.D. Das, Advocate

-versus-

State of Orissa and others ..... Respondents

Represented by Adv.

A.G.A.

CORAM:

THE HON’BLE MR. JUSTICE SASHIKANTA MISHRA

ORDER

13.1.2026.

Order No.

I.A. No.271/2025

24. 1. This matter is taken up through hybrid mode.

2. This is an application for condonation of delay in filing the substitution application vide Appellant No.1(d), who died on 13.4.2024. It is stated that the legal heir was not aware of the pendency of this appeal and he came to know only after receiving notice from the High Court Legal Services Committee on 19.10.2022. Since the right to sue survives, he

took necessary steps for substitution of the deceased-appellant No.1(d).

3. From the above, this Court finds that the delay has been properly explained. Hence the delay is condoned.

4. The I.A. is disposed of.

(Sashikanta Mishra)

Judge I.A. No.270/2025

25. 1. This matter is taken up through hybrid mode.

2. Since the delay in filing of the application for substitution has been allowed, the order of abatement is set aside.

3. The I.A. is disposed of.

(Sashikanta Mishra)

Judge I.A. No.269/2025

26. 1. This matter is taken up through hybrid mode.

2. It is stated that the sole AppellantNo.1(d) (Ahalya Behera) died on 13.4.2024. The present application has been filed for substitution of her legal heir as Appellant No.1(d) (i) in her place.

3. The prayer for substitution is allowed. The proposed legal heir as per schedule to the I.A. be impleaded as Appellant No.1(d) (i) in place of the Appellant No.1(d).

4. Learned counsel for the appellants shall file the consolidated Appeal Memo amending cause title within one week after serving copy on the learned counsel appearing for the other Respondents.

5. The I.A. is disposed of.

(Sashikanta Mishra)

Judge R.S.A. No.387 of 1989

27. 1. List this matter for hearing in the week commencing

16.2.2026.

(Sashikanta Mishra)

Judge Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR BEHERA Designation: A.D.R.-cum-Addl. Principal Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 13-Jan-2026 18:43:26 Page 3 of 3