IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1162 of 2016 CNR No. ODHC010422762016 1. Harekrushna Bhanja 2. Radhakrushna Bhanja 3. Ramkrushna Bhanja 4. Jayakrushna Bhanja …. Petitioners Ms. Debadeepta Sahoo, Advocate on behalf of Mr. A. P. Bose, Advocate -versus- 1. Bankim Chandra Bhanja 2. Ajay Krushna Bhanja 3. Balakrushna Bhanja 4. Subasini Khatua …. Opp. Parties CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 07. 17.08.2026 (Through hybrid Mode) 1. This CMP has been filed for quashing/ set aside the order dated 09.03.2016 passed by the learned Civil Judge (Senior Division), Jaleswar in C.S. No. 13 of 2012 allowing the application filed under Order 6, Rule 17 of the CPC by the plaintiff-Opposite Party No.1. 2. While issuing notice on 17.08.2016 to the Opposite Party No.1, further proceeding in C.S. No. 13 of 2012 pending in the court of the learned Civil Judge (Senior Division), Jaleswar had been stayed by this Court. Page 2 of 3 3. In spite of orders dated 30.07.2026 and 13.08.2026, requisites for issue of notice on Opposite Party No.1 (who is the plaintiff in the suit) have not been filed. Opposite Parties No.2, 3 and 4 are the proforma Opposite Parties as they are the Defendants No.4, 5 and 6 in the learned court below. 4. In orders dated 30.07.2026 and 13.08.2026, Opposite Party No.1 has been referred to as the sole Opposite Party which should be read as contesting Opposite Party. 5. Ms. Debadeepta Sahoo, learned counsel appearing on behalf of Mr. A. P. Bose, learned counsel for the Petitioners files a memo stating that they have not received any instructions in the matter from the Petitioners. The said memo is taken on record. 6. Report dated 05.08.2026 of the learned Civil Judge (Senior Division), Jaleswar has been received where it is stated that Civil Suit No.13/2012 is posted to 06.08.2026 for objection and hearing on the petition dated 08.07.2026 filed by the plaintiff under Order 6, Rule 17 of the CPC. 7. This report is cryptic as there is no explanation as to how the suit could proceed, when further proceedings had been stayed by this Court. The concerned Officer should not be so casual while sending status report. 8. Although the report in connection with C.S. No. 13 of 2012 has been tagged to the file. But the Superintendent, Writ Branch-VII, Mr. Debabrata Jena has annexed a copy of the letter sent in connection with CMP No. 1170 of 2016 dated 31.07.2026 addressed to the learned District Judge, Jagatsinghpur. He is therefore directed to be careful in future. 9. It is obvious from the report dated 05.08.2026 that the suit has proceeded in the meanwhile as another application under Order 6, Rule 17 of the CPC has been filed by the plaintiff on 08.07.2026. Hence, no useful purpose will be served by keeping the CMP pending which is accordingly dismissed. 10. Interim order passed earlier stands vacated. 11. Misc. Case No. 1181 of 2016 stands disposed of. 12. But since the suit is of the year, 2012, learned Civil Judge (Senior Division), Jaleswar is requested not to grant unnecessary adjournments to any of the parties and make endeavor for expeditious disposal of the suit. 13. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge puspa Designation: Personal Assistant