IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1065 of 2025 CNR No. ODHC010501062025 Naba Kumar Mohanty ... Petitioner(s) Mr. Sanjeev Udgata, Advoate -Versus- Sumita Mohanty & Ors. … Opposite Party (s) Mr. Himanshu Sekhar Mishra, Advocate CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER Order No. 03.09.2026 06. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner has filed this CMP with a prayer to quash the order dated 06.05.2025 passed by the learned Civil Judge, Senior Division, Samabalpur in C.S No.48 of 2017. 3. Learned counsel for the Petitioner submits that the petitioner has filed the amended written statement in C.S. No.48 of 2017. The evidence from the side of the plaintiff/Opposite Party No.1 is over and the defendant/Opposite Party No.2 to 8 have not filed their written statement but allowed to participate in the proceeding are supporting the case of the plaintiff-Opposite Party No.1. The learned Civil Judge, Senior Division, Sambalpur rejected the petition from Digitally Signed Signed by: GITANJALI NAYAK Designation: Senior Stenographer Reason: Authentication Location: OHC Date: 03-Sep-2026 18:14:39 Signature Not Verified the side of the petitioner/Defendant No.1 and closed the evidence from the side of the petitioner-defendant no.1. 4. The relevant portion of the said order is extracted hereinbelow: - “xxx xxxx xxx Perused the case record and the present petition where form it is ascertained that this is a suit filed by the Plaintiff for partition since 2017 and specific direction has been imparted by the Hon’ble High Court of Orissa in this present suit while disposing of the CMP No.1371 of 2023 for early disposal of the present suit and with a further instruction that coercive measures are to be taken against the party who will not cooperate during the hearing of the suit. Therefore, taking into consideration of the above instructions of the Hon’ble High Court of Orissa, in letter and spirit, I am not inclined to allow the present petition filed by the defendant no.1. Accordingly, the said petition is rejected.” xxx xxx xxx” 5. Upon hearing the learned counsel for the Petitioner and on going through the documents available on record, this Court does not find any infirmity in the order dated 06.05.2025 passed by the Digitally Signed Signed by: GITANJALI NAYAK Designation: Senior Stenographer Reason: Authentication Location: OHC Date: 03-Sep-2026 18:14:39 Signature Not Verified learned Civil Judge, Senior Division, Samabalpur in C.S No.48 of 2017. 6. Accordingly, the CMP stands dismissed. ( Dr. Sanjeeb K Panigrahi) Judge Gitanjali Designation: Senior Stenographer