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2016 DAILYLAW 1404 (ORI)

GHANASHYAM PRADHAN v. RAM PRATAP KHERIA

CMP/967/2016 · 2026-07-28

Miss Savitri Ratho

body2016

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.967 of 2016 1. Ghanashyam Pradhan 2. Ranjan Kumar Pradhan 3. Sadasiva Pradhan …. Petitioners Ms. Pratyusha Naidu, Advocate -versus- Ram Pratap Kheria …. Opp. Party Mr. Sandipani Mishra, Advocate Mr. A. Kejriwal, Advocate for sole O.P. CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 03. 28.07.2026 (Through hybrid Mode) 1. This CMP has been filed challenging the order dated 20.05.2016 passed by the learned Senior Civil Judge, Bhubaneswar in Execution Case No. 109 of 1999 issuing writ of attachment against the judgment-debtor. 2. On 15.07.2016, this Court had directed that the copy of the petition should be served on Mr. Sandipani Mishra and his associates. 3. Mr. A. Kejriwal, learned counsel for the Opposite Party submits that although Vakalatnama has been filed on behalf of the sole Opposite Party on 04.07.2016 but till date copy of the petition has not been served on them. 4. Ms. P. Naidu, learned counsel submits that she has instructions to appear for the Petitioner and may be granted some time to obtain instructions. 5. Perusal of the order sheet reveals that although the case is pending since 2016, neither notice of admission has been issued nor any interim order has been passed staying further proceedings. 6. Hence, it is apparent that decree of the Court must have been executed in the meanwhile. 7. In these circumstances, no useful purpose would be served by keeping the CMP pending, which is therefore dismissed. 8. Pending interim application(s) stand disposed of. 9. Liberty is granted to the Petitioner to take steps for revival of the CMP/ recall of this order, in case any cause of action still survives. (Savitri Ratho) Judge Madhusmita