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2016 DAILYLAW 1458 (ORI)

DINABANDHU MAHANTY v. RADHU SAW

CMP/1880/2016 · 2026-08-18

Miss Savitri Ratho

body2016

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1880 of 2016 [CNR No. ODHC010154602016 ] 1. Dinabandhu Mahanty 2. Sanatan Mahanty 3. Banamali Mahanty 4. Sridhara Mahanty 5. Gangadhar Mahanty …. Petitioners None -versus- Radhu Saw and 14 Others …. Opp. Parties None CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 07. 18.08.2026 (Through hybrid Mode) 1. This CMP has been filed challenging the order dated 06.10.2016 passed by the leaned Civil Judge (Sr. Division), Nilgiri, rejecting the application filed by the Defendants No. 1 to 5 under Section 151 of the CPC read with Order 18 Rule 17 CPC to recall P.W.1 for further cross-examination. 2. None appears for the Petitioners as well as the Opposite Parties. 3. While issuing notice on 22.12.2016, further proceedings in C.S. No. 64 of 2013(I) pending in the Court of the learned Civil Judge (Senior Division), Nilgiri had been stayed by this Court. 4. On 06.08.2026, Registry had directed to call for a report from the leaned Civil Judge (Sr. Division), Nilgiri regarding status of Civil Suit No. 64 of 2013 (I). 5. Report dated 10.08.2026 of the learned Civil Judge (Sr. Division), Nilgiri has been received where it is stated that Civil Suit No. 64 of 2013 (I) has been dismissed for default on 14.11.2023 and has been consigned to the District Record Room, Balasore on 09.05.2024. 6. In view of the disposal of the suit, nothing remains to be decided in this CMP, which is accordingly dismissed. 7. Interim order passed earlier stands vacated. 8. Misc. Case No. 1988 of 2016 stands disposed of. (Savitri Ratho) Judge puspa Designation: Personal Assistant