ORISSA HIGH COURT : CUTTACK

I.A. No.1187 of 2025 arising out of R.S.A. No.306 of 2004

An application under Order 23, Rule 3 of the CPC, 1908.

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Bijaya Kumar Pani

… Appellant.

-VERSUS-

Basanti Panda (dead) represented through L.Rs. & Others

… Respondents

Counsel appeared for the parties:

For the Appellant : Mr. S.K. Patnaik, Advocate

For the Respondents : D.P. Mohanty, Advocate.

For the Respondent Nos.1(a) to 1(e).

P R E S E N T: HONOURABLE

MR. JUSTICE ANANDA CHANDRA BEHERA

Date of Hearing : 25.11.2025 :: Date of Judgment : 23.12.2025

JUDGMENT

ANANDA CHANDRA BEHERA, J.

1.

A joint compromise petition in the form of this I.A. has been filed jointly by the appellant and the LRs of the respondent No.1 i.e. respondent No.1(a) to 1(e) under Order 23, Rule 3 of the CPC, 1908 praying for disposing of the 2nd Appeal vide R.S.A. No.306 of 2004 on the basis of the same, because, as per previous order dated 14.11.2025 passed in I.A. No.1186 of 2025, the 2^nd Appeal vide R.S.A. No.306 of 2004 was dismissed against the respondent Nos.2 to 10 under Order 23, Rule 1 of the CPC, 1908 due to the abandonment of the claim of the appellant against them. For which, since 14.11.2025, the 2nd Appeal vide R.S.A. No.306 of 2