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2016 DAILYLAW 1446 (ORI)

SHANTILATA SINGH v. BIRENDRA KUMAR CHANDRA BHANJADEO

CMP/808/2016 · 2026-07-30

Miss Savitri Ratho

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Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 808 of 2016 Shantilata Singh …. Petitioner Mr. Sidhartha Mishra-1, Advocate -versus- 1.Sri Birendra Kumar Chandra Bhanjdeo 2.District Magistrate-cum-Collector, Mayurbhanj 3.Executive Officer, Baripada Municipality, Mayurbhanj 4.Tahasildar, Baripada 5.Settlement Officer, Major Settlement, Baripada ….Opp. Parties Mr. Samir Kumar Mishra, Sr. Advocate (for Opposite Party No.1) Mr. M. K. Panda, Advocate (for Opposite Party No.3) Mr. Bibekananda Nayak, A.G.A. (for Opposite Party No.2,4 & 5) 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 common order dated 25.04.2016 passed by the learned Additional Senior Civil Judge, Baripada dismissing the applications filed by the Petitioner and two others under Order 1 Rule 10 of the CPC. One application had been filed by Purna Chandra Dandapat Petitioner in CMP No. 807 of 2016 and the Ananda Ballav Pradhan Petitioner in CMP No. 809 of 2016 on 27.04.2015 and present Petitioner- Shantilata Singh had filed the other application on 05.02.2016. These two applications are rejected by the common order. 2. These matters were listed on 24.07.2026, which were taken up together but no counsel appeared on behalf of the Petitioners in any of the CMPs. Mr. S. K. Mishra, learned Senior Counsel was present on behalf of the Opposite Party No.1 (Plaintiff) and Mr. M. K. Panda, learned counsel was present on behalf of Opposite Party No.3 (Defendant No.2). 3. As no counsel appeared on behalf of the Petitioner, all the three CMPs were adjourned to today in the interest of justice. 4. Today also when the matter is called, no counsel appears on behalf of the Petitioner. 5. Hence, the matter is passed over in order to give learned counsel for the Petitioner another chance to appear in the case. Later 6. When the matter is taken up after recess, Mr. Sidhartha Mishra-1, learned Counsel for the Petitioner appears and submits that the brief has been transferred from him, so, he submits that he has no instructions to appear in the case. He is unable to submit the date when the brief has been transferred as the file is no longer available with him. Memo filed by him is taken on record. 7. Since no other counsel appeared on behalf of the Petitioner on 24.07.2026 or today, the CMP is dismissed for non-prosecution. 8. Misc. Case No. 805 of 2016 stands disposed of. (Savitri Ratho) Judge Subhalaxmi SAHOO