Orissa High Court
CMP/1767/2016 of JAYASHREE MANSINGH Vs NIHARIKA NAYAK on 25 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1767 of 2016 [ CNR No. ODHC010323222016 ] Jayashree Mansingh …. Petitioner None -versus- 1. Niharika Nayak 2. Bilasini Pradhan …. Opp. Parties CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 25.08.2026 (Through
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 1767 of 2016
[ CNR No. ODHC010323222016 ]
Jayashree Mansingh
….
Petitioner
None
-versus-
1. Niharika Nayak
2. Bilasini Pradhan
….
Opp. Parties
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No. 25.08.2026
(Through Hybrid Mode)
06.
1. None appears for the Petitioner when the matter is called.
2. No counsel has entered appearance on behalf of the Opposite Parties.
3. This CMP has been filed challenging the order dated 09.11.2016 passed by the learned Civil Judge (Senior Division), Boudh in C.S. No.201 of 2015, allowing the application of the defendants to amend the counter claim.
4. The records of CMP No.1749 of 2016 have been tagged with this case. In CMP No.1749 of 2016, the present Petitioner who is the plaintiff has assailed the order dated 8th November, 2016 (Annexure-5) passed by the learned Civil Judge Senior Division, Boudh in CS No.201 of 2015 allowing the amendment of the written statement. CMP No.1749 of 2016 has been disposed of on 16.12.2021 setting aside the impugned order dated 8th November, 2016 remitting the matter to the learned trial Court for fresh consideration of the petition under Order 6 Rule 17 of the CPC filed by the defendants-Opposite Parties, for amendment of the written statement.
5. On 13.08.2026, the matter had been adjourned to today and the Registry had been directed to call for a report from the learned Civil Judge (Senior Division), Boudh regarding present status of Civil Suit No.201 of 2015 and specific instructions regarding developments in the suit after order dated 16.12.2021 was passed.
6. Report dated 19.08.2026 of the learned Civil Judge (Senior Division), Boudh has been received where it has been stated that on 17.12.2016, further proceeding had been stayed in view of the direction of this Court in Misc. Case No. 1848 of 2016. On 09.02.2021, stay was vacated in view of the decision of the Supreme Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation : 2020 (II) OLR (SC) 948 and the suit was posted for serving of amended Written Statement and counter claim on the plaintiff as well as for filing of rejoinder. The suit lingered for filing of rejoinder by the plaintiff on the counter claim from 23.02.2021 to 09.12.2021. On 07.01.2022, the plaintiff filed a petition under Order XXIII, Rule-1 of CPC for withdrawal of the suit which was accepted on the very day without granting any liberty to file fresh suit and the counter claim was posted to 10.01.2022 for filing of additional rejoinder and on 10.01.2022, the counsel for the counter claimant filed a memo stating that he does not want to proceed with the counter claim, for which the counter claim was also dismissed for non-prosecution on the same day.
7. In view of this report, the CMP is dismissed as no useful purpose will be served to keep it pending.
8. Interim order stands vacated. Misc. Case No. 1865 of 2016 stands disposed of.
9. This Court appreciate the efforts of the learned Civil Judge (Senior Division), Boudh for sending a comprehensive report regarding status of the suit.
10. Copy of this order be communicated to the learned Civil Judge (Senior Division), Boudh.
(Savitri Ratho)
Judge
Sukanta Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 25-Aug-2026 19:43:52 Signature Not Verified