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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024 (Arising out of SLP(C) No. OF 2024)
(Diary No. 25753/2019)
SUNDARI KAIBARTA & ANR. Petitioner(s)
VERSUS
LAXMI BEHERA & ORS. Respondent(s)
O R D E R
Permission to file special leave petition is granted.
Delay condoned.
Leave granted.
Having heard learned counsel for the parties, we are
of the considered view that the impugned order dated
17.11.2016 passed by the High Court of Orissa at Cuttack
in W.P.C. No. 15009/2017, needs to be set aside, for all
the parties to the petition were not heard, thus
adversely affecting their valuable rights.
As such the present appeal is allowed with the
following directions:-
a) The impugned order dated 17.11.2016 is set aside.
b) The matter is remanded to the High Court for consideration of W.P.C. No. 15009/2007 afresh;
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c) All the parties to the writ petition, whose rights stand survived, shall be afforded opportunity of hearing clarifying that the rights of the parties which stand concluded with the dismissal of the special leave petition(s) shall not be re-opened.
d) Hearing is expedited.
e) We request the High Court to decide the matter afresh, preferably within a period of six months.
Pending application(s), if any, stands disposed of.