Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.272 of 2016
Sandhyarani Das …. Petitioner
Mr. Rahul Kumar Jee, Advocate, on behalf of Mr. Biswajit Moharana, Advocate -versus- Narayan Chandra Nayak and others …. Opposite Parties
None
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
Order No.
ORDER 31.07.2026
06.
(Through Hybrid Mode)
1. This CMP has been filed challenging the order dated 19.01.2016 passed by the learned Civil Judge (Senior Division), Bhubaneswar in C.S. no.1584 of 2009 (Annexure-6).
2. Vide order dated 19.01.2016, the learned trial Court has deputed the survey knowing commissioner to comply the order of the learned District Judge passed in FAO No.104 of 2010 and conduct demarcation of the land purchased by the parties under respective sale deeds, afresh.
3. On 22.07.2026, report had been called for from the learned Civil Judge (Senior Division), Bhubaneswar regarding status of C.S. No.1584 of 2009.
4. Report dated 27.07.2026 of the learned Civil Judge (Sr. Division), Bhubaneswar has been received where it is stated that after 01.11.2023, the suit was lingering for disposal on account of the petitions filed by the plaintiff and defendants and thereafter the suit was posted for evidence from the side of plaintiff. From 29.11.2023 to 12.03.2025 the plaintiff did not take any step for examination of any witness and on 13.05.2025 the suit was dismissed for default.
5. As the suit is no longer pending, no useful purpose would be served by keeping the CMP pending.
6. Hence, the CMP stands dismissed.
7. Interim order passed earlier stands vacated. Misc. Case No.268 of 2016 stands disposed of.
8. Copy of this order be sent to the trial Court by the Registry.
(Savitri Ratho)
Judge RKS