Orissa High Court

CMP/1756/2016 of KISHORE CHANDRA MOHANTY Vs SARBESWAR@KRUSHNA CHANDRA PRADHAN on 31 August 2026

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of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1756 of 2016 [ CNR No. ODHC010230842016] Kishore Chandra Mohanty …. Petitioner Mr. Pradeep Kumar Sahoo, Advocate -versus- 1. Sarbeswar @ Krushna Chandra Pradhan 2. Tarachand Periwal …. Opposite Parties None CORAM: THE HON’BLE

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No.1756 of 2016

[ CNR No. ODHC010230842016]

Kishore Chandra Mohanty

….

Petitioner

Mr. Pradeep Kumar Sahoo, Advocate

-versus-

1. Sarbeswar @ Krushna

Chandra Pradhan

2. Tarachand Periwal

….

Opposite Parties

None

CORAM:

THE HON’BLE MISS JUSTICE SAVITRI RATHO

Order No.

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ORDER

31.08.2026

05. (Through Hybrid Mode)

1. This matter is taken up from the weekly list.

2. This CMP has been filed with a prayer to quash the order dated 21.09.2016 (Annexure-4) passed by the learned Civil Judge (Junior Division), Bhubaneswar in IA No.02 of 2016 arising out of CS No.7941 of 2015 and also to quash the consequential proceedings.

3. While issuing notice on 11.01.2017, the further proceedings in I.A. No.02 of 2016 had been stayed by this Court.

4. None appears for the Opposite Parties when the matter is called.

5. Mr. P.K. Sahoo, learned counsel for the Petitioner files a memo stating that the suit has been dismissed for default as per order dated 19.02.2020 and the said suit has not yet been restored by the Plaintiff. Hence, this CMP may be disposed of with liberty to the Petitioner to revive this CMP in the event the suit is restored. The memo is taken on record.

6. As the civil suit has been disposed of in the meanwhile, no useful purpose would be served by keeping this CMP pending, which is accordingly dismissed.

7. Interim order passed earlier stands vacated. Misc. Case No. 1857 of 2016, stands disposed of.

8. However, liberty is granted to the Petitioner for revival of the CMP or recall of this order, in case any cause of action still survives.

(Savitri Ratho)

Judge RKS Digitally Signed Signed by: RANJAN KUMAR SETHI Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 02-Sep-2026 16:43:50 Signature Not Verified

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