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2016 DAILYLAW 1492 (ORI)

JANAKI PANIGRAHI v. KRUSHNA CHANDRA CHOUDHURY

CMP/1771/2016 · 2026-08-13

Miss Savitri Ratho

Writ Petition (Civil)body2016

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1771 of 2016 [CNR No. ODHC010223472016] Janaki Panigrahi …. Petitioner Mr. Bhagabat Prasad Rath, Advocate -versus- 1. Krushna Chandra Choudhury 2. The Executive Engineer, Ganjam South Electrical Division, Digapahandi …. Opposite Parties Mr. Pronoy Mohanty, Advocate (For Opposite Party No.2 CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 13.08.2026 07. (Through Hybrid Mode) 1. This CMP has been filed praying for keeping the compensation amount in Civil Misc. Application No. 19 of 2014 under Annexure-1 till finalization of Title Suit No. 10 of 1999 which is pending before the learned Civil Judge, Senior Division, Berhampur. 2. While issuing notice on 14.12.2016, the operation of the order dated 19.08.2016 passed in CMA No. 19 of 2014 had been stayed by this Court. 3. When no counsel appeared on behalf of the parties, the matter was listed on 05.08.2026. 4. On 05.08.2026, the Registry had been directed to call for a report from the learned Civil Judge, Senior Division, Berhampur regarding present status of Title Suit No.10 of 1999. 5. Mr. B.P. Rath, learned counsel for the Petitioner files a memo stating that the Petitioner wants to withdraw with no instruction. 6. Learned counsel for Opposite Party No.2 submits a memo and submits that pursuant to direction in WP(C) No.22862 of 2016, an amount of Rs.50 lakhs compensation has already been disbursed to the Petitioner and therefore nothing remains to be decided in the CMP. He files the copy of the order dated 01.02.2024 passed in WP(C) No.22862 of 2016, along with a memo. The documents are taken on record. 7. Report dated 12.08.2026 has been received from the learned Senior Civil Judge, Berhampur (On deputation) where it is stated that T.S. no.10/1999 has been dismissed on contest against the defendants on 12.12.2017. 8. Although the memo does not make much sense but in view of the report dated 12.08.2026 of the learned Senior Civil Judge, Berhampur (on deputation) and the order passed in WP(C) No.22862 of 2016, no useful purpose will be served by keeping this CMP pending, it is therefore dismissed. 9. Interim order passed earlier stands vacated. Misc. Case No.1872 of 2016 stands disposed of. (Savitri Ratho) Judge RKS