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2016 DAILYLAW 1413 (ORI)

SULOCHANA MOHANTY v. BABAJI CHARAN PANI

CMP/934/2016 · 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. 934 of 2016 1.Sulochana Mohanty 2.Ahalya Mohanty 3.Pratima Parija 4.Sanjaya Mohanty 5.Namita Mohanty …. Petitioners None -versus- 1.Babaji Charan Pani 2.Tara Dei 3.Kalyani Pani 4.All Orissa State Bank 5.Secretary all Odisha State Bank Officers Housing Co-operative Society Ltd, Bhubaneswar 6.Mani Tirumala Projects Pvt. Ltd. …. Opp. Parties Mr. Somjit Das, Advocate on behalf of Mr. Tanmay Mishra, Advocate (for O.P. Nos. 4 &5) CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 05. 28.07.2026 (Through hybrid Mode) 1. None appears for the Petitioner when the matter is called. 2. Mr. Somjit Das, learned counsel is present on behalf of Mr. Tanmay Mishra, learned counsel for the Opposite Party Nos. 4 and 5. 3. This CMP has been filed challenging the order dated 02.05.2016 passed by the learned Civil Judge (Senior Division), Bhubaneswar in Civil Suit No. 1437 of 2011 (Annexure-5). Vide the said order the application filed by the plaintiffs, who are the Petitioners herein under Order 26 Rule 9 of the CPC praying to depute a Civil Court Commissioner for measurement and demarcation of the suit land, has been rejected. 4. On 03.08.2016, this matter had been directed to be listed with FAO No. 94 of 2013. 5. No interim order has been passed in this case staying further proceedings in the suit. 6. In view of the fact that no counsel appears on behalf of the Petitioners and no interim order has been passed in the CMP staying further proceedings in the FAO, it can safely be presumed that in the meanwhile, the Civil Suit has been disposed of. The CMP is therefore dismissed. 7. It is open to the Petitioner to file an application for revival of the CMP/recall of this order, in case cause of action still survives. (Savitri Ratho) Judge Subhalaxmi SAHOO