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2016 DAILYLAW 1428 (ORI)

AKSHAYA KUMAR BEHERA v. NARAYAN BEHERA

CMP/1166/2016 · 2026-07-30

Miss Savitri Ratho

body2016

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1166 of 2016 Akshaya Kumar Behera …. Petitioner None -versus- 1. Narayan Behera 2. Trilochan Behera 3. Umesh Kumar Behera 4. Amaresh Kumar Behera 5. Bayani Behera 6. Ajaya Behera 7. Binod Behera 8. Bijoy Behera 9. Bikram Behera 10. Chandan Behera 11. Jitan Behera 12. Ranjan Behera 13. Rukmani Behera 14. Ramani Behera …. Opp. Parties None CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 05. 30.07.2026 (Through hybrid Mode) 1. This CMP has been filed challenging the order dated 08.07.2016 passed by the learned Civil Judge (Senior Division), 1st Court Cuttack, rejecting the petition filed by Defendant No.14 for stay of the proceeding or to exclude the properties depicted in the petition from the purview of partition in the suit schedule properties, as because Test Case No.4 of 2016 was pending in respect of some of the properties. 2. This CMP has been filed on 05.08.2016 but has been adjourned on 17.08.2016, 31.08.2016 and 20.03.2017. When the matter was listed on the last date, none appeared on behalf of the Petitioner. 3. Neither notice of admission has been issued in the case nor has any interim order in this CMP been passed. 4. Therefore, it can safely be presumed that in the meanwhile, the Civil Suit No. 619 of 2013 must have been disposed of. 5. Hence, no useful purpose would be served by keeping this CMP pending, which is accordingly dismissed. 6. All pending interim application(s) stand disposed of. (Savitri Ratho) Judge RKS