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2016 DAILYLAW 1443 (ORI)

GOPAL BANKA v. DINESH AGARWAL

CMP/478/2016 · 2026-07-31

Miss Savitri Ratho

body2016

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.478 of 2016 Gopal Banka and others …. Petitioners None -versus- Dinesh Agarwal and another …. Opposite Parties Mr. N.C. Rout, Advocate (For Opposite Party No.1) CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 31.07.2026 05. (Through Hybrid Mode) 1. This CMP has been filed challenging the order dated 09.03.2016 passed by the learned Civil Judge (Senior Division), Rourkela in Civil Suit No.145 of 2013, rejecting the application filed by the Petitioners (Defendants No.1 to 3 in the suit) and directing the Defendant No.4 to be examined first before their examination. 2. On 30.03.2016, while issuing notice, further proceedings in Civil Suit No.145 of 2013 had been stayed by this Court. 3. The matter had been adjourned to today to enable the learned counsel for the Parties to obtain instructions regarding status of the suit. 4. Mr. N.C. Rout, learned counsel for the Opposite Party No.1, who is the plaintiff in the suit, submits that in the meanwhile, the suit has been disposed of on 07.08.2025. 5. None appears on behalf of the Petitioner. 6. In view of the disposal of the suit, no useful purpose would be served by keeping this CMP pending, which is accordingly dismissed. 7. Interim order passed earlier stands vacated and Misc. Case No.471 of 2016 stands disposed of. (Savitri Ratho) Judge RKS