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2016 DAILYLAW 1521 (ORI)

KISHORE CHANDRA MOHANTY v. SARBESWAR@KRUSHNA CHANDRA PRADHAN

CMP/1756/2016 · 2026-08-31

Miss Savitri Ratho

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1756 of 2016 [ CNR No. ODHC010230842016] Kishore Chandra Mohanty …. Petitioner Mr. Pradeep Kumar Sahoo, Advocate -versus- 1. Sarbeswar @ Krushna Chandra Pradhan 2. Tarachand Periwal …. Opposite Parties None CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 31.08.2026 05. (Through Hybrid Mode) 1. This matter is taken up from the weekly list. 2. This CMP has been filed with a prayer to quash the order dated 21.09.2016 (Annexure-4) passed by the learned Civil Judge (Junior Division), Bhubaneswar in IA No.02 of 2016 arising out of CS No.7941 of 2015 and also to quash the consequential proceedings. 3. While issuing notice on 11.01.2017, the further proceedings in I.A. No.02 of 2016 had been stayed by this Court. 4. None appears for the Opposite Parties when the matter is called. 5. Mr. P.K. Sahoo, learned counsel for the Petitioner files a memo stating that the suit has been dismissed for default as per order dated 19.02.2020 and the said suit has not yet been restored by the Plaintiff. Hence, this CMP may be disposed of with liberty to the Petitioner to revive this CMP in the event the suit is restored. The memo is taken on record. 6. As the civil suit has been disposed of in the meanwhile, no useful purpose would be served by keeping this CMP pending, which is accordingly dismissed. 7. Interim order passed earlier stands vacated. Misc. Case No. 1857 of 2016, stands disposed of. 8. However, liberty is granted to the Petitioner for revival of the CMP or recall of this order, in case any cause of action still survives. (Savitri Ratho) Judge RKS