Orissa High Court
CMP/93/2017 of TULASI MEKAP ALIAS T.MUDULI Vs SAROJKANTA MEKAP on 20 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 93 of 2017 CNR No. - ODHC010036752017 Tulasi Mekap @ Tulasi Muduli …. Petitioner Mr. Mahitosh Sinha, Advocate -versus- 1.Sarojkanta Mekap 2.Khirod Kumar Mekap 3.Surendranath Mekap 4.Kalyani Mekap …. Opp. Parties None CORAM:
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 93 of 2017
CNR No. - ODHC010036752017
Tulasi Mekap @ Tulasi Muduli
….
Petitioner
Mr. Mahitosh Sinha, Advocate
-versus-
1.Sarojkanta Mekap
2.Khirod Kumar Mekap
3.Surendranath Mekap
4.Kalyani Mekap
….
Opp. Parties
None
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
04. 20.08.2026
(Through hybrid Mode)
1. This CMP has been filed challenging the order dated 07.01.2017 passed by the learned Civil Judge (Junior Division), Kendrapara in Civil Suit No. 124 of 2009 (Annexure-4), rejecting the application filed by the plaintiff under Order 6 Rule 17 read with Order 1 Rule 10(2) of the CPC for amending the plaint and to implead some parties.
2. While issuing notice on 31.01.2017, further proceedings in the suit had been stayed by this Court. Thereafter, the matter is being listed today.
3. The note of the Registry indicates that notice could not be issued to the Opposite Parties as requisites were not filed.
4. Mr. M. Sinha, learned counsel for the Petitioner has filed a memo stating that he has no instructions in the matter.
5. In view of the fact that this matter is pending since the year 2017, but no steps have been taken for issue of notice on the Opposite Parties, this Court presumes that in the meanwhile the suit has proceeded to a great extent or has been disposed of.
6. In view of the memo filed by the learned counsel for the Petitioner and lapse of almost 9 years in the meanwhile, this Court is of the view that no useful purpose will be served by keeping this CMP pending, so the same is dismissed.
7. Interim order passed earlier stands vacated.
8. Misc. Case No. 102 of 2017 stands disposed of.
9. Urgent certified copy of this order be granted on proper application.
(Savitri Ratho)
Judge
Subhalaxmi
Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 20-Aug-2026 19:26:03 Signature Not Verified