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2016 DAILYLAW 1366 (ORI)

STATE OF ODISHA v. ARCHANA PATRA

CMAPL/295/2016 · 2026-07-20

Aditya Kumar Mohapatra

Civil Appealbody2016

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CMAPL No.295 of 2016 State Of Odisha & Ors. ..... Petitioners Represented by Adv. – S.Behera, A.G.A. -versus- Archana Patra & Ors. ..... Opposite Parties Represented by Adv. – M/s.Surya Narayan Mishra, S.R.Subudhi, U.C.Mallick CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 20.07.2026 Order No. 08. 1. This matter is taken up through Hybrid Mode. 2. This is an application at the instance of the State-Appellants with a prayer to restore the FAO No.434 of 2013 to file as the same was dismissed due to non-prosecution vide order dated 04.03.2016. 3. Learned counsel for the State-Appellants, at the outset, referred to the order dated 11.02.2025 passed by the Hon’ble Supreme Court in Civil Appeal No.2274 of 2025 in the matter of State of Orissa & Ors. vs. Archana Patro & Ors. On perusal of the order of the Hon’ble Supreme Court, it appears that the SLP has been allowed by setting aside the order dated 15.12.2017 in Misc. Case No.139 of 2016 as well as order dated 20.10.2022 passed in RVWPET No.237 of 2018. In view of the aforesaid specific order of the Hon’ble Supreme Court, the dispute involved in the pending Page 2 of 2. FAO is to be heard afresh. 4. Learned counsel for the Respondents-Private party, on the other hand, objected to the restoration of the FAO which was dismissed due to non-prosecution. He further submitted that the FAO was dismissed due to non-prosecution vide order dated 04.03.2016 and in the meantime several years have been elapsed. 5. Considering the submissions made by learned counsels appearing for both sides, further keeping in view the order of the Hon’ble Supreme Court dated 11.02.2025 passed in Civil Appeal No.2274 of 2025, the CMAPL is allowed. FAO No.434 of 2013 is restored to file. 6. FAO No.434 of 2013 be listed for admission in the next week. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer