Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CMAPL No.15 of 2026 Kanchan Muduli and others ..... Petitioners Represented by Adv. – M/s. Swayambhu Mishra, A.Dash -versus- Rabindra Baral and another ..... Opposite Parties CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 13.02.2026 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard the learned counsel for the Petitioners. 3. This CMAPL has been filed for restoration of the CMP No.344 of 2025, which was dismissed for non-prosecution vide order dated 14.10.2025. 4. Learned counsel for the Petitioners, at the outset, contended that the Plaintiffs-Petitioners approached this Court by filing the CMP No.344 of 2025 under Article 227 of the Constitution of India thereby challenging the order dated 24.01.2025 passed in I.A. Applications, arising out of C.S. No.1917 of 2023 by the learned Senior Civil Judge, Bhubaneswar. Learned counsel for the Petitioners further contended that the CMP application was listed for admission before the learned Coordinate Bench on 14.10.2025. However, the same has been Page 2 of 2. dismissed due to non-prosecution. She further contended that the CMP application was dismissed before issuance of notice to the Opposite Parties. Learned counsel for the Petitioners, at this juncture, contended that the non-appearance before this Court is neither deliberate nor intentional. However, counsel for the Petitioners could not appear on 14.10.2025, as he missed the cause list and on the first date the matter has been dismissed due to non-prosecution. 5. Considering the aforesaid factual background of the case, no notice is required to be issued to the Opposite Parties as the CMP application is dismissed prior to issuance of notice to the Opposite Parties. 6. Further, considering the grounds taken in the CMAPL application, the CMAPL stands allowed subject to Petitioner depositing a cost of Rs.500/- (Rupees five hundred) in the Advocates’ Welfare Fund of the Orissa High Court Bar Association. 7. Accordingly, the CMP No.344 of 2025 is restored to file. 8. Registry is directed to list the CMP No.344 of 2025 before the appropriate Bench forthwith. 9. With the aforesaid observation and direction, the CMAPL is disposed of. ( A.K. Mohapatra) Judge Debasis