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2016 DAILYLAW 1517 (ORI)

SUKADEBA SABAR v. KUSO DWOJA BIDIKA

CMP/1747/2016 · 2026-08-31

Miss Savitri Ratho

body2016

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1747 of 2016 CNR No. ODHC010080672016 Sukadeba Sabar …. Petitioner Mr. K.T. Muduli, Advocate on behalf of Mr. S.N. Dash, Advocate -versus- Kuso Dwoja Bidika …. Opposite Party Mr. J.R. Dash, Advocate CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 31.08.2026 05. (Through Hybrid Mode) 1. This CMP has been filed challenging the order dated 26.09.2016 passed by the learned Additional District Judge, Gunupur in RFA No. 31 of 2014 (Annexure-4), rejecting the application filed by the appellant therein under Order-41, Rule- 27 of the CPC for introducing some documents by way of additional evidence. 2. While rejecting the application on 26.09.2016, the learned appellate court had directed the appeal to be listed on 25.10.2016 for hearing. 3. On 07.12.2016 while issuing notice, this Court had stayed further proceeding in RFA No. 31 of 2014. 4. On 29.08.2026, none appeared for the Petitioner when the matter was called. As Mr. J.R. Dash, learned counsel appearing on behalf of sole Opposite Party submitted that in spite of the letter of the Opposite Party, he had not received any response, the matter was adjourned to today and the Registry was directed to obtain instructions over telephone as well as through Order Communication Portal (OCP) mode, regarding present status of RFA No. 31 of 2014. 5. Ms. K.T. Muduli, learned counsel appearing on behalf of Mr. S.N. Dash, learned counsel for the Petitioner submits that they do not have any instructions in the matter and she files a memo to that effect signed by Mr. S.N. Dash, learned counsel for the Petitioner which is taken on record. 6. Report dated 29.08.2026 of the learned Additional District & Sessions Judge, Gunupur (I/c) has been received where it has been stated that RFA No. 31 of 2014 has been disposed of as abated on 03.10.2023. The copy of the order dated 03.10.2023 has also been enclosed with the report. 7. In view of the disposal of RFA No. 31 of 2014, nothing remains to be decided in the CMP which is accordingly dismissed. puspa 8. Interim order passed earlier stands vacated. 9. Misc. Case No. 1845 of 2016 stands disposed of. (Savitri Ratho) Judge Designation: Personal Assistant