Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1684 of 2025 Kamalakanta Mishra ..... Petitioner Represented by Adv. - Ashok Kumar Mohanty. M/s. Dwarika Prasad Mohanty, T.k. Mohanty, A.k. Mohanty. -versus- Shakti Mishra ..... Opposite Parties Represented by Adv. - Manoj Kumar Mishra, Sr. Adv. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 02.02.2026 Order No. 04. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Senior Counsel for the Opposite Party. Perused the CMP application as well as the prayer made therein. 3. The present CMP application has been filed at the instance of the defendant-petitioner by invoking the jurisdiction of this Court under Article 227 of the Constitution of India. Order dated 26.09.2025 passed in I.A No.01 of 2025 which arises out of CS No.273 of 2011 passed by the learned 2nd Additional Civil Judge (Senior Division), Cuttack has been impugned in the present CMP Page 2 of 3. application by the defendant. 4. Mr.Mohanty, learned counsel for the Petitioner at the outset contended that being aggrieved by the order dated 26.09.2025, the defendant Nos.1 to 3 have approached this Court by filing the present CMP application. Further, referring to the impugned order at Annexure-5, learned counsel for the Petitioner contended that the counter claim filed in the abovenoted suit has been dismissed by the learned trial court vide order dated 28.11.2022 on the ground that defects were not removed. Thereafter, the defendants filed an application for restoration of the counter claim, the same has also been dismissed by virtue of the impugned order dated 26.09.2025 at Annexure-5. Learned counsel for the Petitioner at this juncture fairly contended that the order 28.11.2022 is an appealable order as the same has been dismissed in exercise of the power under Order 7 Rule 11 of the CPC. Accordingly, learned counsel for the Petitioner sought for withdrawal of the present CMP application with liberty to approach the appellate court by filing an appeal against order dated 28.11.2022. 5. Mr.Mishra, learned Senior Counsel for the Opposite Party has no objection to the same. 6. Accordingly, the CMP application is disposed of as withdrawn with liberty to the Petitioner to prefer an appeal against the order dated 28.11.2022, if the Petitioner shall so advised. However, such appeal shall be filed along with an application for condonation of delay which shall be considered on its own merit taking into consideration the facts and circumstances of the case. 7. With the aforesaid observations/ directions, the CMP Page 3 of 3. application stands disposed of. Certified copy of the impugned order be returned to the learned counsel for the Petitioner by substituting the same with the attested Xerox copy thereof. ( A.K. Mohapatra) Judge Anil Designation: Junior Stenographer