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1930 DAILYLAW 5 (ORI)

RAJARAM PATEL v. UMESH CH.GIRI

CMP/1930/2016 · 2026-09-07

Miss Savitri Ratho

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Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1930 of 2016 [CNR No.- ODHC010414172016] 1. Rajaram Patel 2. Prabhuram Patel …. Petitioners Ms. Debadeepta Sahoo, Advocate on behalf of Mr. Amit Pr. Bose, Advocate -versus- 1. Umesh Chandra Giri 2. Pramod Behera 3. Ananda Kumar Behera …. Opp. Parties Ms. P.S. Mohanty, Advocate (For O.P. No.1) CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 08. 07.09.2026 (Through hybrid Mode) 1. This CMP has been filed challenging the order dated 06.12.2016 passed in C.S. No. 281 of 2010-I by the learned Civil Judge (Senior Division), Jaleswar rejecting the application filed under Order 6, Rule 17 of the CPC by the Defendants No.1 and 2 for amendment of their written statement-cum-counter claim (Annexure-1). 2. While issuing notice on 11.01.2017, further proceeding in C.S. No. 281 of 2010-I had been stayed by this Court. 3. A memo signed by Mr. A.P. Bose, learned counsel for the Petitioners is filed in Court by Ms. Debadeepta Sahoo, learned puspa counsel, stating that the file has been taken away by the Petitioners for engaging another counsel for which their power may be ignored. The said memo is taken on record. 4. Ms. P.S. Mohanty, learned counsel for the Opposite Party No.1 submits that the lower Court counsel has informed her that in the meanwhile the civil suit has been disposed of and first appeal has been filed challenging the judgment and decree, but she is unaware of the exact date of disposal of the civil suit. 5. Both counsel submit that although they have checked the e- court website but no information regarding status of the civil suit is available. 6. In view of the submission of Ms. P.S. Mohanty, learned counsel for the Opposite Party No.1 that the suit has been disposed of, no useful purpose will be served by keeping the CMP pending. 7. The CMP is accordingly dismissed. 8. Interim order passed earlier stands vacated. 9. Misc. Case No. 2033 of 2016 stands disposed of. (Savitri Ratho) Judge