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2017 DAILYLAW 1669 (ORI)

BHARATI PATRA v. SUBHASINI PATRO

CMP/17/2017 · 2026-09-08

Miss Savitri Ratho

body2017

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.17 of 2017 [CNR No.- ODHC010446472017 ] Bharati Patra …. Petitioner Mr. Satyam Das Pattnaik , Advocate on behalf of Mr. Manoj Kumar Mohanty, Advocate -versus- 1. Subhasini Patro 2. Pinki Patro 3. Ranjali Patro 4. Pushpanjali Patro 5. Nimaya Charan Sahu …. Opp. Parties Mr. S. Rath, Advocate and Mr. S. Mohapatra, Advocate on behalf of Mr. A. Behera, Advocate CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 06. 08.09.2026 (Through hybrid Mode) 1. This matter is taken up from the weekly list. 2. This CMP has been filed challenging the order dated 28.10.2015 passed in Civil Suit No.65 of 2013 (C.S. No.138 of 2016) by the learned Civil judge (Junior Division), Berhampur rejecting the application filed by the Plaintiff-Petitioner under Order 1 Rule 10 of the CPC read with Section 151 CPC and Order 6 Rule 17 read with Section 151 CPC. 3. While issuing notice on 11.01.2017 this Court had stayed further proceeding in the suit. 4. Mr. Satyam Das Pattnaik, learned counsel appearing on behalf of Mr. Manoj Kumar Mohanty, learned counsel for the Petitioner submits that they do not have instructions about the present status of the suit. 5. Mr. S. Rath, learned counsel appearing on behalf of Mr. A. Behera, learned counsel for the Opposite Parties No.1, 2, 3 and 4 submits that Civil Suit No.65 of 2013 was dismissed on 22.04.2022. CMA No. 18 of 2024 which had been filed for setting aside the order dated 22.04.2022 has been dismissed on contest on 30.03.2026. 6. A copy of the order passed in the CMA is filed in Court and taken on record. 7. In view of the dismissal of the Civil Suit as well as the CMA filed for restoration of the suit, nothing remains to be decided in this CMP, which is accordingly dismissed. 8. Interim order passed earlier stands vacated and Misc. Case No.20 of 2017 stands disposed of. (Savitri Ratho) Judge Madhusmita