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2016 DAILYLAW 1406 (ORI)

JAGABANDHU PATRA v. SARASWATI PATRA

CMP/1013/2016 · 2026-07-28

Miss Savitri Ratho

body2016

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1013 of 2016 Jagabandhu Patra & Others …. Petitioners Mr. Manoj Kumar Panda, Advocate -versus- Saraswati Patra & Others …. Opp. Parties CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 28.07.2026 (Through Hybrid Mode) 04. 1. This CMP has been filed challenging the order dated 24.02.2016 passed by the learned Civil Judge (Junior Division), Jaleswar in C.S. No. 17 of 2012 (Annexure-5), allowing the application of the plaintiffs filed under Order 6 Rule 17 of the CPC for amending the plaint. 2. Notice in this application had been issued on 22.12.2016, but no interim order had been passed. 3. Office note indicates that requisites for issue of notice on Opposite Parties No. 1 to 12 have not been received. 4. A memo has filed by Mr. Manoj Kumar Panda, learned counsel for the Petitioner stating that he has not received any instructions from the Petitioner, for which appropriate order may be passed by this Court. The memo is taken on record. 5. As more than ten years have elapsed since the impugned order was passed and as no interim order has been passed in this CMP and learned counsel for the Petitioner has not taken steps for issue of notice on the Opposite Parties, I am satisfied that this CMP should not be kept pending as the Civil Suit must have been disposed of in the meanwhile. 6. The CMP is therefore dismissed. (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer