Orissa High Court
CMP/47/2017 of BHARATI PATRA Vs SIMANCHAL PANIGRAHI on 10 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.47 of 2017 [ CNR No. ODHC010301982017 ] Bharati Patra …. Petitioner Mr. Tutu Pradhan, Advocate -versus- Simanchal Panigrahi …. Opposite Party None CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 10.09.2026 04.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.47 of 2017
[ CNR No. ODHC010301982017 ]
Bharati Patra
….
Petitioner
Mr. Tutu Pradhan, Advocate
-versus-
Simanchal Panigrahi
….
Opposite Party
None
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
Order No.
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ORDER
10.09.2026
04. (Through Hybrid Mode)
1. The CMP has been filed challenging the order dated 17.11.2016 passed by the learned Civil Judge (Junior Division), Berhampur in C.S. No.403 of 2012 rejecting the petition filed by the Plaintiff for causing production of the record bearing Book No.4.
2. While issuing notice on 18.01.2017, the further proceedings of the suit had been stayed by this Court.
3. None appears for the Opposite Party when the matter is called.
4. Mr. T. Pradhan, learned counsel for the Petitioner files a memo stating that the suit has been dismissed for default on 10.12.2021 and as per the instruction of the Petitioner, an application under Order 9, Rule 9 of the CPC has been filed in the said Court. Hence, this CMP may be disposed of with liberty to the
Petitioner to revive this CMP in the event the suit is restored. The memo is taken on record.
5. As the civil suit has been disposed of in the meanwhile, no useful purpose would be served by keeping this CMP pending, which is accordingly dismissed.
6. Interim order passed earlier stands vacated. Misc. Case No. 54 of 2017 stands disposed of.
7. However, liberty is granted to the Petitioner for revival of the CMP or recall of this order, in case any cause of action still survives.
(Savitri Ratho)
Judge RKS Digitally Signed Signed by: RANJAN KUMAR SETHI Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 10-Sep-2026 19:56:22 Signature Not Verified