Orissa High Court
CMP/1748/2016 of SHYAM SUNDAR PARIDA Vs RAGHUNATH PARIDA on 29 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1748 of 2016 [ CNR No. ODHC010264002016 ] Shyam Sundar Parida …. Petitioner Mr. Pramod Kumar Swain, Advocate -versus- 1. Raghunath Parida 2. Jenamani Parida 3. Amiya Kumar Parida 4. Malati Parida …. Opposite Parties None CORAM: THE
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.1748 of 2016
[ CNR No. ODHC010264002016 ]
Shyam Sundar Parida
….
Petitioner
Mr. Pramod Kumar Swain, Advocate
-versus-
1. Raghunath Parida
2. Jenamani Parida
3. Amiya Kumar Parida
4. Malati Parida
….
Opposite Parties
None
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
Order No.
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ORDER
29.08.2026
04. (Through Hybrid Mode)
1. This CMP has been filed challenging the order dated 23.09.2016 passed by the learned Civil Judge (Junior Division), Soro in Civil Suit No.40 of 2010 (Annexure-4) rejecting the application filed by the Plaintiff under Order-6, Rule 17 of the CPC for amendment of the plaint.
2. While issuing notice on 07.12.2016, this Court had stayed further proceeding in the suit.
3. Registry has pointed out that AD has returned after valid service of notice on Opposite Parties No.1, 3 and 4 and admission notice has returned from Opposite Party No.2 with the endorsement that addressee is dead.
4. Mr. P.K. Swain, learned counsel appearing on behalf of the Petitioner submits that in the meanwhile, the Civil Suit has been disposed of in terms of the compromise between the parties. He files a memo to that effect, which is taken on record.
5. In view of the said submission and the memo, there is no necessity to direct the Petitioner to take steps for substitution of Opposite Party No.2 and there is also no necessity to keep this CMP pending.
6. Hence, the CMP is dismissed.
7. Interim order passed earlier stands vacated. Misc. Case No.1847 of 2016 stands disposed of.
(Savitri Ratho)
Judge RKS Digitally Signed Signed by: RANJAN KUMAR SETHI Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 29-Aug-2026 19:17:47 Signature Not Verified