Orissa High Court
CMP/1429/2016 of BHIMASEN NANDA Vs GOBINDA CHANDRA TRIPATHY on 20 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1429 of 2016 CNR No. ODHC010139002016 1. Bhimsen Nanda 2. Shantilata Nanda …. Petitioners Ms. P.S. Mohanty, Advocate -versus- 1. Gobinda Chandra Tripathy 2. Arjun Nanda 3. Bijaya Laxmi Nanda @ Mohapatra …. Opp. Parties None CORAM:
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.1429 of 2016
CNR No. ODHC010139002016
1. Bhimsen Nanda
2. Shantilata Nanda
….
Petitioners
Ms. P.S. Mohanty, Advocate
-versus-
1. Gobinda Chandra Tripathy
2. Arjun Nanda
3. Bijaya Laxmi Nanda @ Mohapatra
….
Opp. Parties
None
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
08. 20.08.2026 (Through hybrid Mode)
1. The CMP has been filed challenging the order dated 30.08.2016 passed by the learned Civil Judge (Junior Division), Puri in C.S. No. 62 of 2014 (Annexure-5) rejecting the petition filed by the Plaintiffs under Order 26, Rule 9 of the CPC, for appointment of a Survey Knowing Commissioner.
2. While issuing notice on 04.10.2016, further proceeding in the civil suit had been stayed by this Court.
3. Pursuant to order dated 06.08.2026, report had been called for from the learned Civil Judge (Junior Division), Puri regarding the present status of the civil suit.
4. As the case record has been transferred to the Court of Gram Nyayalaya, Puri, request was made by the learned Civil puspa Judge, Puri on 10.08.2026 to the Nyayadhikari Gram Nyayalaya, Puri to send the status report to the High Court.
5. Report dated 14.08.2026 of the Nyayadhikari Gram Nyayalaya, Puri has been received where it has been stated that civil suit has been disposed of on 16.12.2023 - dismissed for non-prosecution by the plaintiffs.
6. In view of the disposal of the suit, no useful purpose will be served by keeping the CMP pending, which is accordingly dismissed.
7. Interim order passed earlier stands vacated.
8. Misc. Case No. 1495 of 2016 stands disposed of.
(Savitri Ratho)
Judge
Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 20-Aug-2026 19:02:49 Signature Not Verified