Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.16721 of 2022
Sanjeev Kumar Panda … Petitioner
Ms. R. Khan, Advocate -versus- Elima Dash & Anr. … Opposite Parties Mr. S.K. Dash, Advocate
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)
18.07.2025
21.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. The petitioner by way of this writ petition seeks to challenge order dated 20.05.2022 passed by learned Judge, Family Court in IA No.49 of 2022 arising out of C.P. No.404 of 2021, but the learned counsel appearing for the Opp. Parties by filing the certified copy of the
order dated 19.06.2025 passed by the learned Judge, Family Court, Cuttack in C.P. No.404 of 2021 submits that the said proceeding has already been dismissed for default.
3. Although, Ms. Rahela Khan, learned counsel appearing for the petitioner virtually submits that although the main proceeding has been dismissed, but since other prayers are there, the writ petition is still maintainable, but this Court despite making her understand the provisions of law by impressing upon that once the main proceeding is dismissed, the offshoot of that proceeding automatically merged with the final
order, but she is unable to understand the same.
4. In such situation, this Court has no other option left, but to consider the writ petition to have become infructuous in view of the fact of disposal of CP No.404 of 2021 for default because the interim order which is challenged in this writ petition arises out of the said proceeding, which is no more in existence.
5. Accordingly, the writ petition stands disposed of.
(G. Satapathy)
Judge
Jayakrushna