Orissa High Court
WP(C)/15345/2012 of KAILASH CH.JENA Vs SK.ABDUL HANAFI on 3 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 15345 of 2012 CNR No. - ODHC010200442012 Kailash Ch. Jena …. Petitioner Mr. M.R. Mishra, Advocate -versus- Sk. Abdul Hanafi …. Opp. Party None CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 06. 03.09.2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 15345 of 2012
CNR No. - ODHC010200442012
Kailash Ch. Jena
….
Petitioner
Mr. M.R. Mishra, Advocate
-versus-
Sk. Abdul Hanafi
….
Opp. Party
None
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
06. 03.09.2026
(Through hybrid Mode)
1. This matter has been listed under the heading “For referral to the Special Medication Drive-Mediation ‘For the Nation’.
2. This writ application has been filed challenging the order dated 11.01.2012 passed by the learned Civil Judge (Junior Division), Jajpur in Civil Suit No. 119 of 2010, where the prayer of the defendant under Section 10 read with Section 151 of the CPC to stay further proceedings in the suit was rejected.
3. While issuing notice on 01.10.2012, this Court had stayed operation of the order dated 11.01.2012 passed by the learned Civil Judge (Junior Division), Jajpur, but no order staying further proceedings in the suit had been passed.
4. On 29.08.2026, as no counsel appeared on behalf of the parties, the matter had been adjourned to today in the interest of justice.
5. Mr. M.R. Mishra, learned counsel for the Petitioner submits that although he had contacted the local counsel to ascertain the present status of Civil Suit No. 119/2010 but he was unable to provide any instructions.
6. None appears for the Opposite Party when the matter is called.
7. The impugned order was passed on 11.01.2012 rejecting the application of the defendant filed under Section 10 read with Section 151 of the CPC to stay the further proceeding in the suit.
8. Since the further proceeding in the suit had not been stayed and more than 14 years have elapsed since the impugned order was passed, it can safely be presumed that in the meanwhile, the suit has either been disposed of or has proceeded considerably rendering this writ petition infructuous.
9. Hence, I do not consider it necessary in the interest of justice to refer the matter for mediation.
10. This writ petition is dismissed.
11. Misc. Case No. 13486 of 2012 stands disposed of.
(Savitri Ratho)
Judge
puspa
Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 07-Sep-2026 18:42:50 Signature Not Verified