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2016 DAILYLAW 1475 (ORI)

BHARATI PATRO v. AMIYA CHANDRA PATRO

CMP/1695/2016 · 2026-08-18

Miss Savitri Ratho

body2016

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1695 of 2016 CNR No. ODHC010550592016 Bharati Patro …. Petitioner Mr. M.K. Mohanty, Advocate -versus- 1. Amiya Chandra Patro 2. Bikas Kumar Patro 3. Sandeep Kumar Patro 4. Digambar Patro 5. Palaka Janaki 6. Smt. Bandita Kumari Patro 7. Manasa Ch. Patro 8. Gouri Chandra Patro …. Opp. Parties Mr. S.J. Mohanty, ASC CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 11. 18.08.2026 (Through hybrid Mode) 1. This CMP has been filed for quashing the order dated 09.03.2016 passed by the learned Civil Judge (Senior Division), Berhampur in C.S. No. 82 of 2011 (Annexure-4) where the petition filed by the Petitioner-plaintiff under Order 1 Rule 10 CPC read with Section 151 CPC and under Order 6 Rule 17 CPC read with Section 151 CPC has been rejected. 2. While issuing notice on 15.11.2016, further proceeding in the suit had been stayed by this Court. 3. On 21.12.2016 pursuant to order passed in Misc. Case No. puspa 1898 of 2016, ‘C.S. No. 82 of 2011’ was directed to be read as ‘C.S. No. 301 of 2012’. Again on 06.03.2017 in Misc. Case No. 2042 of 2016, the expression ‘Civil Judge (Senior Division), Berhampur’ was directed to be read as ‘‘Civil Judge (Junior Division), Berhampur’. 4. On 06.08.2026 when the matter was listed, Mr. M.K. Mohanty, learned counsel for the Petitioner had prayed for an adjournment to obtain instructions regarding status of the civil suit. 5. Today when the matter is taken up, he submits that in the meanwhile, C.S. No. 82 of 2011 (C.S. No. 301 of 2012) has been dismissed for default. He files a memo to that effect which is taken on record. 6. In view of the above submission, no useful purpose will be served by keeping the CMP pending which is accordingly dismissed. 7. Interim order passed earlier stands vacated. 8. Misc. Case No. 1790 of 2016 stands disposed of. 9. This order be communicated to the learned Civil Judge (Senior Division), Berhampur by the Registry forthwith. (Savitri Ratho) Judge Designation: Personal Assistant