Orissa High Court
CMP/340/2017 of M/S.BHAWANI MOTORS Vs SAROJA RATH on 25 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 340 of 2017 CNR No. ODHC010266172017 M/s. Bhawani Motors, represented by it’s Partner, Sri Subhendu Kumar Parida …. Petitioner None -versus- 1. Smt. Saroja Rath 2. Sri Naraya Rath …. Opp. Parties None CORAM: THE HON’BLE
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 340 of 2017
CNR No. ODHC010266172017
M/s. Bhawani Motors, represented by
it’s Partner, Sri Subhendu Kumar
Parida
….
Petitioner
None
-versus-
1. Smt. Saroja Rath
2. Sri Naraya Rath
….
Opp. Parties
None
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No. 25.08.2026
04. (Through Hybrid Mode)
1. This CMP has been filed challenging the order dated 17.02.2017 passed by the learned 1st Additional Senior Civil Judge, Bhubaneswar in C.S. No. 610 of 2016 (Annexure-4) rejecting the application of the defendant filed under Order 8 Rule 9 read with Order 9 Rule 7 and Section 151 of the CPC for permission to file written statement but granting the defendant permission to participate in the hearing.
2. On 17.04.2017 while issuing notice, this Court had stayed further proceeding in the suit.
puspa
3. Office has pointed out that notice could not be issued due to non-filing of requisites.
4. None appears for the Petitioner when the matter is called.
5. As almost 9 years have elapsed since the impugned order was passed, but no counsel appears on behalf of the Petitioner, it can safely be presumed that in the meanwhile, either the suit has been disposed of or has progressed considerably, rendering the CMP infructuous.
6. Hence, the CMP is dismissed.
7. Interim order passed earlier stands vacated.
8. Misc. Case No. 383 of 2017 stands disposed of.
(Savitri Ratho)
Judge
Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 25-Aug-2026 18:10:17 Signature Not Verified