Orissa High Court

CMP/1904/2016 of BANSIDHARA GOUDA Vs SARASWATI SWAIN on 7 September 2026

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of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1904 of 2016 [ CNR No. ODHC010040852016 ] Bansidhara Gouda …. Petitioner None -versus- 1. Smt. Saraswati Swain 2. Smt. Manjula Kumari Nayak 3. Smt. Bijayani Gouda 4. Sujit Kumar Gouda …. Opp. Parties None CORAM: THE HON’BLE

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 1904 of 2016

[ CNR No. ODHC010040852016 ]

Bansidhara Gouda

….

Petitioner

None

-versus-

1. Smt. Saraswati Swain

2. Smt. Manjula Kumari Nayak

3. Smt. Bijayani Gouda

4. Sujit Kumar Gouda

….

Opp. Parties

None

CORAM:

THE HON’BLE MISS JUSTICE SAVITRI RATHO

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ORDER

Order No. 07.09.2026

(Through Hybrid Mode)

05.

1. This CMP has been filed challenging the order dated 23.09.2016 passed by the learned S.D.J.M., Bhanjanagar in Civil Suit No. 06 of 2015, admitting the counter claim filed by defendant nos. 1 to 3 and holding that the question of valuation shall be decided during hearing of the suit and directing the plaintiff to take fresh steps against the other defendants.

2. While issuing notice on 11.01.2017, this Court had stayed further proceedings in Civil Suit No. 06 of 2015.

3. None appears for the Petitioner or the Opposite Parties when the matter is called.

4. Since no counsel appears on behalf of the parties and almost ten years have elapsed since the impugned order was passed and in view of the nature of the observation in the order, while admitting the counter claim that the question of valuation of the counter claim which had been valued at Rs.63,000/- shall be considered during hearing of the suit, I am of the view that no useful purpose will be served by keeping the CMP pending, which is accordingly dismissed.

5. Interim order passed earlier stands vacated. Misc. Case No. 2010 of 2016 stands disposed of.

(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

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