IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.246 of 2026 Manjula Bisi …. Petitioner Mr. A.K. Nanda, Advocate -versus- Mani Kuntala Bisi & Others …. Opp. Parties CORAM: HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 12.02.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner. Perused the CMP application as well as the prayer made therein. 3. By filing the present application under Article 227 of the Constitution of India, the Plaintiff-Petitioner has approached this Court challenging the inaction of the learned Senior Civil Judge, Rajgangpur in taking up the application filed by the Plaintiff under Order-6, Rule-17 read with Section 152 of the CPC in C.S. No.232 of 2010. 4. Learned counsel for the Petitioner at the outset contended that the Petitioner as Plaintiff filed the suit for partition. In the pending sit, a preliminary decree Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Feb-2026 10:30:47 Signature Not Verified p. 2 was passed. During pendency of the final decree proceeding was detected that a plot belonging to the joint family bearing Plot No.168 under Khata No.56 had not been included as a result of which the Plaintiff moved an application to insert the said land by filing an application under Order-6, Rule-17 of the CPC. 5. The sole grievance of the Plaintiff-Petitioner is that an application seeking for amendment was filed on 09.09.2025, however, the same has not been taken up for adjudication as of now. Being aggrieved by such inaction of the learned trial Court, the Petitioner has approached this Court by filing the present CMP application. 6. Taking into consideration the submission made by the learned counsel for the Petitioner as well as the innocuous nature of prayer, this Court is inclined to dispose of the matter at the stage of admission by directing the learned trial Court to take up the applications of the Plaintiff-Petitioner filed under Order-6, Rule-17 of the CPC at Annexures-3A & 3B to the Writ Petition and dispose of the same by providing opportunity to both the parties as expeditiously as possible, preferably within a period of two months from the date of communication of today’s order. 7. Further taking into consideration the submission made by the leaned counsel for the Petitioner that the learned Senior Civil Judge, Rajgangpur has gone on medical leave, the matter shall be placed before the Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Feb-2026 10:30:47 Signature Not Verified p. 3 concerned learned District Judge on the administrative side who shall pass necessary order to transfer the fle to any available learned Civil Judge to take up matter for compliance of the aforesaid direction. 8. With the aforesaid observation and direction, the CMP stands disposed of. (Aditya Kumar Mohapatra) Judge amit