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2016 DAILYLAW 1407 (ORI)

KHURSIDA KHATUN v. TAFASUL MAHAMMAD

CMP/1014/2016 · 2026-07-28

Miss Savitri Ratho

body2016

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1014 of 2016 Khursida Khatun …. Petitioner Mr. S.P. Swain, Advocate -versus- Tafasul Mahammad & 43 Others …. Opp. Parties CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 28.07.2026 (Through Hybrid Mode) 10. 1. This CMP has been filed challenging the order dated 27.06.2016 passed by the learned Civil Judge (Junior Division), Salipur, Cuttack in T.S. No. 261 of 1989 (Annexure-4), rejecting the petition filed under Section 151 of CPC by the plaintiff to adduce further evidence. 2. While issuing notice on 17.08.2016, this Court had stayed further proceeding in the civil suit. 3. Mr. S.P. Swain, learned counsel for the Petitioner submits that in the meanwhile the suit has been dismissed for default, for which the CMP has been rendered infructuous. He files a memo signed by Mr. Niranjan Prasad Patra, learned counsel for the Petitioner where it is stated that the suit has been dismissed for default. 4. None appears for the Opposite Parties when the matter is called. 5. In view of the submission of the learned counsel and the memo filed, no useful purpose will be served by keeping the CMP pending, which is accordingly dismissed. 6. All pending interim applications stand disposed of. 7. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer