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2016 DAILYLAW 1472 (ORI)

SOMANATH SAHU v. PADMABATI SAHU

CMP/1457/2016 · 2026-08-20

Miss Savitri Ratho

body2016

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1457 of 2016 [ CNR No. ODHC010076462016 ] Sri Somanath Sahu …. Petitioner Ms. Debabala Nayak, Advocate on behalf of Mr. B. Panigrahi, Advocate -versus- 1. Smt. Padmabati Sahu 2. Sibaranjan Sahu 3. Smt. Sujata Sahu …. Opp. Parties None CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 20.08.2026 (Through Hybrid Mode) 07. 1. This matter is taken up from the weekly list. 2. This CMP has been filed challenging the order dated 22.08.2016 passed by the learned Additional District Judge, Chatrapur, Ganjam in FAO No. 2 of 2014, setting aside the order passed by the learned Civil Judge (Junior Division), Chatrapur, Ganjam in I.A. No. 1 of 2014 arising out of C.S. No. 1 of 2014, granting temporary injunction. 3. While issuing notice on 27.09.2016, this Court had directed the parties to maintain status quo over the suit schedule land till the next date. 4. Ms. Debabala Nayak, learned counsel appearing on behalf of Mr. B. Panigrahi, learned counsel for the Petitioner submits that they do not have any instructions about the present status of the suit. 5. Even though Misc. Case No. 1832 of 2017 has been filed for vacation of interim order, none appears for the Opposite Parties when the matter is called. 6. In view of the fact that the civil suit is of the year 2014 and further proceeding in the suit has not been stayed by this Court, it can safely be presumed that in the meanwhile the civil suit has been disposed of, for which no useful purpose will be served by keeping the CMP pending. 7. The CMP is accordingly disposed of. 8. Interim order passed earlier stands vacated and Misc. Case No. 1569 of 2016 and Misc. Case No. 1527 of 2016 stand disposed of. 9. However, liberty is granted to the Petitioner for revival of the CMP / recall of this order within a period of four weeks, in case cause of action still survives. 10. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer