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2016 DAILYLAW 1415 (ORI)

JITENDRA KUMAR PRUSTY v. SK.KALIM

CMP/1051/2016 · 2026-07-29

Miss Savitri Ratho

body2016

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1051 of 2016 Sri Jitendra Kumar Prusty … Petitioner Mr. S.P. Das, Advocate -versus- 1. Sk.Kalim 2. Sk. Kalimullah … Opp. Parties Mr. Shib Shankar Mohanty, Advocate (For O.P. No.1) CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 29.07.2026 05. (Through hybrid Mode) 1. The CMP has been filed challenging the order dated 08.07.2016 passed in C.S. No. 520 of 2007 by the learned Civil Judge (Senior Division), Bhubaneswar allowing the application filed by the plaintiff for not accepting the additional written statement filed by the defendant no.1. 2. While issuing notice on 08.08.2016, this Court had stayed further proceeding in C.S. No. 520 of 2007 pending in the Court of the by the learned Civil Judge (Senior Division), Bhubaneswar. 3. Mr. S.P. Das, learned counsel is present on behalf of the Petitioner. puspa 4. Mr. Shib Shakar Mohanty, learned counsel is present on behalf of the Opposite Party No.1. 5. Neither the counsel have any instructions about the present status of C.S. No. 520 of 2007 pending in the Court of the learned Civil Judge (Senior Division), Bhubaneswar. 6. After 07.09.2016, the matter has been listed today. As more than 10 years have elapsed in the meanwhile, it can safely be presumed that in the meanwhile, the suit has been disposed of. 7. Hence, no useful purpose will be served by keeping the CMP pending, which is accordingly dismissed. 8. Liberty is granted to the Petitioners for revival of the suit/ recall of this order, in case, cause of action still survives. (Savitri Ratho) Judge