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2016 DAILYLAW 1398 (ORI)

RUKMINI RADHA KRISHNA MAHAPRABHU BIJE v. KANDULA BADRINARAYAN

CMP/835/2016 · 2026-07-27

Miss Savitri Ratho

body2016

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 835 of 2016 Rukmini Radha Krishna Mohaprabhu Bije at Joura Street, Berhampur, Ganjam …. Petitioner Mr. S. S. Rao, Senior Advocate along with Mr. B. K. Mohanty, Advocate -versus- 1.Kandula Badrinarayan 2.Kandula Srinivas Rao …. Opp. Parties Mr. Satyabadi Mantry, Advocate CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 07. 27.07.2026 (Through hybrid Mode) 1. This CMP has been filed challenging the order dated 14.03.2016 passed in Civil Suit No. 90 of 2008 directing for stay of Civil Suit No. 90 of 2008, till disposal of RSA No. 04 of 2013. 2. As per the order dated 10.11.2017, this matter had been directed to be listed along with RSA No. 196 of 2013. 3. In RSA No. 196 of 2013, I.A. No. 668 of 2026 has been filed by the present Petitioner stating that the Civil Suit No. 90 of 2008 has in the meanwhile been decreed vide judgment dated 03.12.2025 and decree dated 22.12.2025 by the learned 1st Additional Senior Civil Judge, Berhampur for which the judgment may be taken on record and marked as an exhibit and the appeal dismissed as no longer maintainable in view of the disposal of Civil Suit No. 90 of 2008. 4. Since, second appeals are not within my assignment, the I.A. cannot be taken up by me, but considering the fact that Civil Suit No. 90 of 2008, which had been directed to be stayed by the order impugned in this CMP has been disposed of, it is apparent that this CMP has been rendered infructuous. 5. No useful purpose will therefore be served by keeping this CMP pending, which is accordingly disposed of. 6. It is made clear that this Court has not gone into the merits of the CMP. 7. All pending interim application stand disposed of. 8. RSA No. 196 of 2016 be listed before the assigned Bench. (Savitri Ratho) Judge Subhalaxmi SAHOO