Orissa High Court
CMP/32/2017 of PRIYABRATA MISHRA Vs CHITTARANJAN MISHRA on 10 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 32 of 2017 CNR NO. -ODHC010033822017 1.Priyabrata Mishra 2.Basudev Mishra …. Petitioners Mr. Asutosh Modi, Advocate on behalf of Mr. N.K. Sahu, Advocate -versus- Chittaranjan Mishra …. Opp. Parties Mr. Prakash Kumar Mishra, Advocate
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 32 of 2017
CNR NO. -ODHC010033822017
1.Priyabrata Mishra
2.Basudev Mishra
….
Petitioners
Mr. Asutosh Modi, Advocate
on behalf of Mr. N.K. Sahu, Advocate
-versus-
Chittaranjan Mishra
….
Opp. Parties
Mr. Prakash Kumar Mishra, Advocate
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
08. 10.09.2026
(Through hybrid Mode)
1. Mr. A. Modi, learned counsel appearing on behalf of Mr. N.K. Sahu, learned counsel for the Petitioner prays for an adjournment stating that the file has been misplaced.
2. Mr. P.K. Mishra, learned counsel appearing on behalf of the sole Opposite Party submits that the CMP has been rendered infructuous as the Civil Suit No. 364 of 2015 pending in the Court of the learned Civil Judge (Senior Division), Khandapada has been disposed of on 30.03.2026.
3. This CMP has been filed challenging the order dated 11.02.2016 passed by the learned Civil Judge (Senior Division), Nayagarh in I.A. No. 87 of 2015 arising out of
Civil Suit No. 364 of 2015 (Annexure-5) and the order dated 12.12.2016 passed in FAO No. 05 of 2016 (Annexure-6), partly allowing the order dated 11.02.2016 the prayer of the plaintiff-petitioner to restrain the Opposite Party No.1 from further alienation of the suit had been rejected and the Opposite Party No.2 had been directed not to enter into the suit land or disturb possession of the Plaintiff-Petitioner till disposal of the suit.
4. In view of the submission of the learned counsel for the Opposite Party that in the meanwhile the suit has been disposed of in the learned trial Court, no useful purpose will be served by keeping this CMP pending. Hence, the CMP is dismissed.
5. Misc. Case No. 39 of 2017 stands disposed of.
6. Urgent certified copy be granted on proper application.
(Savitri Ratho)
Judge
Subhalaxmi
Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 10-Sep-2026 20:02:25 Signature Not Verified