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2016 DAILYLAW 1493 (ORI)

PRASANTA KU.GOUDA v. HADABANDHU PANDA

CMP/1398/2016 · 2026-08-20

Miss Savitri Ratho

body2016

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1398 of 2016 [ CNR No. ODHC010546372016 ] Prasanta Kumar Gouda …. Petitioner None -versus- Sri Hadabandhu Panda & Others …. Opp. Parties CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 20.08.2026 (Through Hybrid Mode) 06. 1. This matter is taken up from the weekly list. 2. This CMP has been filed with the following prayer:- “It is, therefore, prayed that Your Lordships be graciously pleased to admit the CMP, call for the relevant records as deem necessary and after hearing the counsels upon notice, granting the relief prayed for in IA No. 1/2016 arising out of FAO No. 4/2016 pending before the Learned Addl. District Judge, Bhanjanagar also. And may further be pleased to pass any other order/orders as would be deem fit and proper as facts and circumstances of the case. And for the said act of kindness, the petitioner shall as in duty bound ever pray” 3. While issuing notice, this Court had directed for maintaining status quo over the suit land. 4. This interim order was extended on 16.11.2016. 5. Although copy of the order dated 10.08.2016 passed by the learned Additional District Judge, Bhanjanagar, Ganjam in I.A. No. 1 of 2016 arising out of FAO No. 4 of 2016 filed by the Petitioner, has been annexed as Annexure-5 to the CMP, but the same has not been challenged. 6. The FAO had been filed challenging the order dated 16.03.2016 passed in I.A. No. 9 of 2014 by the learned Civil Judge (Senior Division), Bhanjanagar, but there is no prayer in this CMP to set aside the said order. 7. Misc. Case No. 1700 of 2017 has been filed for substitution of deceased – Opposite Party No.1. 8. None appears for the Petitioner when the matter is called. 9. As more than ten years have elapsed since the CMP has been filed and no counsel appears on behalf of the Petitioner, it can safely be presumed that in the meanwhile the civil suit has been disposed of or has progressed considerably, rendering this CMP infructuous. 10. As no useful purpose will be served by keeping the CMP pending, it is dismissed. 11. Interim order passed earlier stands vacated and Misc. Case No. 1459 of 2016 and Misc. Case No. 1700 of 2017 stand disposed of. (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer