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2016 DAILYLAW 1441 (ORI)

KAMALINI MOHANTY v. SAMRAT KESHARI BHANJADEO

CMP/732/2016 · 2026-07-31

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.732 of 2016 Kamalini Mohanty …. Petitioner Ms. Sweta Das, Advocate -versus- Samrat Keshari Bhanjdeo …. Opposite Party None CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 31.07.2026 08. (Through Hybrid Mode) 1. This CMP has been filed challenging the order dated 03.08.2015 passed by the learned 2nd Additional District Judge, Khurda in Execution Case No.04 of 2004 and also to quash the entire proceeding in the said case for non-compliance of Order 21 Rule 34 of the CPC. 2. Notice had been issued in the matter on 17.04.2017 by this Court but no interim order has been passed. 3. On 23.07.2026, Ms. S. Das, learned counsel had appeared on behalf of the Petitioner but no counsel appeared on behalf of the Opposite Party. As almost nine years had elapsed since filing of the case, the matter was adjourned to today to enable the learned counsel to obtain instructions and Registry was directed to call for a report from the learned 2nd Additional District Judge, Khurda regarding status of the Execution Case. 4. Report dated 27.07.2026 has been received from the learned 2nd Additional District and Sessions Judge, Khurda where it has been stated that Execution Case No.04 of 2004 stood disposed of on 30.01.2026 on full satisfaction of the decree and hence the proceeding is no longer pending. 5. A memo is filed by Ms. Sweta Das, signed by Mr. Sahasransu Sourav, learned counsel for the Petitioner stating that they do not have any instruction from the Petitioner for which the CMP may be withdrawn. The memo is taken on record. 6. In view of the fact that the Execution case has been disposed of, nothing remains to be decided in the CMP which is therefore dismissed. (Savitri Ratho) Judge RKS