Orissa High Court
CMP/1499/2016 of SANTOSH EKKA Vs ATAMA TOPPO on 20 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1499 of 2016 CNR No. ODHC010193962016 Santosh Ekka …. Petitioner None -versus- 1. Atama Toppo (Dead) 1. a ) Pradip Kumar Toppo 1.b) Obed Toppo 1.c) Santosh Toppo 1.d) Jyotipath Toppo 2. Imanual Toppo @ Emanuel Toppo 3. Premdhani Toppo @
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.1499 of 2016
CNR No. ODHC010193962016
Santosh Ekka
….
Petitioner
None
-versus-
1. Atama Toppo (Dead)
1.a) Pradip Kumar Toppo
1.b) Obed Toppo
1.c) Santosh Toppo
1.d) Jyotipath Toppo
2. Imanual Toppo @ Emanuel Toppo
3. Premdhani Toppo @ Premdhani
Christian @ Premdhiani Ekka
4. Nimon Xess
5. Sausen Bada
6. Aren Toppo
7. Basanti Chermakho
8. Jayawanti Khalkho
….
Opp. Parties
Mr. S. Udgata, Advocate
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
07. 20.08.2026 (Through hybrid Mode)
1. This matter is taken up from the weekly list.
2. The CMP has been filed challenging the award dated 15.02.1998 passed in the State Level Lok Adalat (Annexure-5) and the compromise decree dated 20.02.1998 (Annexure-6) drawn up by the learned Civil Judge (Senior Division), Rourkela in Title Suit No. 52 of 1992.
puspa
3. While issuing notice on 19.10.2016, this Court had stayed further proceeding in Title Suit No. 52 of 1992. After 21.12.2016, the matter has been listed today.
4. Mr. Satyabrata Udgata, learned counsel appearing on behalf of Opposite Parties No.1 (a) to 1 (d), 2 and 3 submits that during pendency of the CMP, the Petitioner as well as the Opposite Party No.2 have expired.
5. None appears on behalf of the Petitioner when the matter is called.
6. In view of the fact that more than 28 years have elapsed since the award was passed and the compromise decree was drawn up in Title Suit No. 52 of 1992, 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. 1572 of 2016 and Misc. Case No. 1571 of 2016 stand disposed of. (Savitri Ratho)
Judge
Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 20-Aug-2026 19:12:13 Signature Not Verified