Orissa High Court
CMP/1491/2016 of PARBATI SAMRATH Vs MANO SAMRATH on 20 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1491 of 2016 CNR No. ODHC010058672016 1. Parbati Samrath 2. Soda Samrath 3. Kamulu Samrath 4. Padman Samrath …. Petitioners Mr. Bibhudhananda Muduli, Advocate -versus- 1. Mano Samarath 2. Khadi Samarath 3. Sikaldei Samarath …. Opp.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.1491 of 2016
CNR No. ODHC010058672016
1. Parbati Samrath
2. Soda Samrath
3. Kamulu Samrath
4. Padman Samrath
….
Petitioners
Mr. Bibhudhananda Muduli, Advocate
-versus-
1. Mano Samarath
2. Khadi Samarath
3. Sikaldei Samarath
….
Opp. Parties
None
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
04. 20.08.2026 (Through hybrid Mode)
1. This matter is taken up from the weekly list.
2. The CMP has been filed challenging the order dated 17.05.2016 passed by the learned District Judge, Koraput, Jeypore in FAO No. 06 of 2012 (Annexure-3) which arises out of order dated 12.07.2011 passed by learned Civil Judge (Senior Division), Jeypore in T.S. No. 07 of 2011 (typographical error for T.S. No. 07 of 2001).
3. By the impugned order, the learned District Judge, Koraput, Jeypore has set aside the order dated 12.07.2011 passed by learned Civil Judge (Senior Division), Jeypore and has directed the parties to settle the allotment of share among puspa themselves with the help of Amin Commissioner to be deputed through the Civil Court.
4. While issuing notice on 19.10.2016, this Court had stayed operation of the order dated 17.05.2016. Thereafter the matter is being listed today.
5. Mr. B. Muduli, learned counsel for the Petitioners submits that as the matter is being listed after almost 10 years have elapsed, he does not have any instructions regarding status of the final decree proceeding arising out of T.S. No. 07 of 2001.
6. In view of the fact that almost 10 years have elapsed since the impugned order was passed and more than 25 years since the title suit was filed, it can safely be presumed that in the meanwhile, the final decree proceeding must have been completed for which 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. 1558 of 2016 stands disposed of.
9. Liberty is granted to the Petitioners for revival of the suit/ recall of this order, in case, cause of action still survives.
(Savitri Ratho)
Judge
Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 20-Aug-2026 19:12:13 Signature Not Verified