Orissa High Court
CMP/29/2017 of RAJ KISHORE MOHANTY Vs CHHABI PATI on 7 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 29 of 2017 [ CNR No. ODHC010005782017 ] Sri Raj Kishore Mohanty …. Petitioner Mr. Vivaswat Mohapatra, Advoate -versus- Smt. Chhabi Pati …. Opp. Party CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 07.09.2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 29 of 2017
[ CNR No. ODHC010005782017 ]
Sri Raj Kishore Mohanty
….
Petitioner
Mr. Vivaswat Mohapatra, Advoate
-versus-
Smt. Chhabi Pati
….
Opp. Party
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No. 07.09.2026
(Through Hybrid Mode)
04.
1. This matter is taken up from the weekly list.
2. This CMP has been filed challenging the order dated 23.12.2016, passed by the learned Civil Judge (Senior Division), Puri in C.S. No. 302/160 of 2008/2015 (Annexure-1), allowing the petition under Order 13 Rule 10 of CPC filed by the plaintiff.
3. While issuing notice on 21.02.2017, this Court had stayed further proceeding in the civil suit.
4. Mr. Vivaswat Mohapatra, learned counsel for the Petitioner submits that in the meanwhile the suit has been dismissed, for which the CMP has become infructuous. He files a memo to that effect. The same is taken on record.
5. In view of the submission of the learned counsel and the memo filed, no useful purpose will be served by keeping the CMP pending, which is accordingly dismissed.
6. Interim order passed earlier stands vacated and Misc. Case No. 36 of 2017 stands disposed of.
7. Urgent certified copy of this order be granted on proper application.
(Savitri Ratho)
Judge
Sukanta Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 07-Sep-2026 20:28:18 Signature Not Verified