Orissa High Court
CMP/1738/2016 of ARATILATA BISWAL Vs NARENDRA PRASAD KAR@NAKUL KAR on 10 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1738 of 2016 [CNR No.- ODHC010003382016 ] 1. Aratilata Biswal 2. Ramesh Chandra Biswal …. Petitioners None -versus- 1. Narednra Prasad Kar @ Nakul Kar 2. Laxmipriya Kar 3. Naresh Prasad Kar 4. Niranjan Kar …. …. Opp. Party
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.1738 of 2016
[CNR No.- ODHC010003382016 ]
1. Aratilata Biswal
2. Ramesh Chandra Biswal
….
Petitioners
None
-versus-
1. Narednra Prasad Kar @ Nakul Kar
2. Laxmipriya Kar
3. Naresh Prasad Kar
4. Niranjan Kar
….
….
Opp. Party
Proforma
Opp. Parties
Mr. D.K. Bal, Advocate
(for O.P. No.1)
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
06. 10.09.2026
(Through hybrid Mode)
1. This CMP has been filed challenging the order dated 09.11.2016 passed by the learned Civil Judge (Senior Division), Bhadrak in C.S. No. 551 of 2012-I (Annexure-4), rejecting the petition filed under Order 26 Rule 9 of the CPC by defendants No.1 and 2 for deputing a Civil Court Commissioner and for submitting a report answering the questions appended to the petition.
2. While issuing notice on 06.12.2016, this Court had stayed further proceeding in the suit.
3. On 29.08.2026, when the matter was called, no counsel appeared on behalf of the Petitioners but Mr. P. Jujharsingh, learned counsel appearing on behalf of the Opposite Party No.1 had submitted that they do not have any instructions regarding present status of the suit for which the matter had been adjourned to today. The Registry had been directed to called for a report from the regarding present status of the suit.
4. Today when the matter is called, Mr. D.K. Bal, learned counsel for the Opposite Party No.1 submits that C.S. No. 551 of 2012-I has been disposed on 29.03.2025 by the learned Civil Judge (Senior Division), Bhadrak.
5. It is also stated in the report dated 08.09.2026 of the learned Civil Judge (Senior Division)-Cum-A.S.J., Basudevpur that C.S. No. 551 of 2012 has been decreed on 29.03.2025 on contest, against the defendants.
6. In view of this development, nothing remains to be decided in this CMP which is dismissed.
7. Interim order passed earlier stands vacated.
8. Misc. Case No. 1836 of 2016 sands disposed of.
(Savitri Ratho)
Judge Madhusmita Digitally Signed Signed by: MADHUSMITA PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Sep-2026 19:46:35 Signature Not Verified