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Orissa High Court · body

2013 DIGILAW 3 (ORI)

Rabindra Kumar Swain and five v. Pitambar Swain and three

2013-01-04

B.K.PATEL

body2013
ORDER 4.1.2013 - Heard. On instructions, it is submitted by the learned counsel for the petitioners that C.S. No. 146 of 2010 of the Court of learned Civil Judge (Junior Division), Bhadrak out of which the present writ application has arisen stands disposed of by ex parte decree dated 21.8.2012. It is, however, further stated that an application under Order 9, Rule 13 of the C.P.C. for setting aside the ex parte decree has been filed. Learned counsel for the opposite parties submits that opposite parties are yet to receive notices of the application under Order 9, Rule 13 of the C.P.C. In the above view of the matter, the suit having been disposed of, the writ application has become infructuous. Therefore, the writ application is disposed of as infructuous. In case of restoration of C.S. No. 146 of 2010, the petitioners are at liberty to take steps to revive this writ application. Urgent certified copy of this order be granted on proper application. Application disposed of.