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Orissa High Court

Priest Prabhudhan Lawlin Toppo vs Rourkela Parish Council on 18 July, 2023

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 RSA No.613 of 2003

           Priest Prabhudhan Lawlin Toppo            ....                 Appellantss




           (Dead) and Others
                                                    Mrs. S. Mohanty, Advocate


                                         -Versus-


           Rourkela Parish Council, Sundargarh &     ....            Respondents
           Others
                                                      Mr. S.B. Jena, Advocate
                       CORAM:
                       MR. JUSTICE R.K. PATTANAIK
                                             ORDER

18.07.2023 Order No. I.A. No.553 of 2023

14. 1. Instant IA is filed for appropriate order to substitute the petitioner as the Secretary of Rourkela Parish Council in place of earlier incumbent.

2. No objection is received from the side of the appellant.

3. For the reason stated therein, IA stands allowed.

4. Consequently, the Secretary, namely, Tiakas Toppo be substituted in place of the earlier Secretary of Rourkela Parish Council, Church of North Rourkela.

5. The above order be carried out by the office in the cause title.

(R.K. Pattanaik) Judge Page 1 of 3 I.A. No.552 of 2023

1. The IA is filed for substitution of appellant No.1, who has died in the meantime who was the priest succeeded by the petitioner.

2. Heard Mrs. Mohanty, learned counsel for the appellants.

3. No objection is received from the side of the respondents.

4. As it is made to appear, appellant No.1 died in the year 2016 leaving behind Mr. David Prasad Gundua as the successor in office of the priesthood.

5. Mrs. Mohanty, leaned counsel for the appellants submits that in the meantime, the petitioner has further succeeded said Mr. Gundua as the priest and in office from 1st May, 2023, hence, therefore, the latter is required to be substituted in place of the former.

6. Considering the submissions of the learned counsel for the respective, as no objection is received, IA stands allowed. Consequently, the petitioner is directed to be substituted in place of Mr. David Prasad Gundua as appellant No.1.

7. The above order to be carried out by the office incorporating the name of petitioner in the cause title of the Appeal Memorandum.

8. Since, learned counsel for the respondents is not ready and he prays for an adjournment, considering the above request, hearing of the appeal stands adjourned as a last chance.

Page 2 of 3

9. List on 18th August, 2023 for preemptory hearing and final disposal.

10. Interim order passed by this Court shall remain in force till the next date of listing.

(R.K. Pattanaik) Judge Tudu Signature Not Verified Digitally Signed Signed by: THAKURDAS TUDU Page 3 of 3 Reason: Authentication Location: OHC,CTC Date: 19-Jul-2023 20:39:11