Orissa High Court
CMP/1451/2016 of BISWAJIT TRIPATHY Vs MANOJ KUMAR PASAYAT on 20 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1451 of 2016 [ CNR No. ODHC010450492016 ] 1. Biswajit Tripathy 2. Satyajit Tripathy …. Petitioners None -versus- Manoj Kumar Pasayat …. Opp. Party None CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 20.08.2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 1451 of 2016
[ CNR No. ODHC010450492016 ]
1. Biswajit Tripathy
2. Satyajit Tripathy
….
Petitioners
None
-versus-
Manoj Kumar Pasayat
….
Opp. Party
None
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No. 20.08.2026
(Through Hybrid Mode)
06.
1. This matter is taken up from the weekly list.
2. This CMP has been filed challenging the order dated 19.05.2016 passed by the learned Civil Judge, Junior Division First Court, Cuttack in I.A. No. 1 of 2016 arising out of Civil Suit No. 256 of 2016 (Annexure-1), rejecting the application filed by the defendants with a prayer to appoint a commissioner for local investigation and to report on the questionnaires.
3. While issuing notice on 04.10.2016, further proceedings in I.A. NO. 1 of 2016 had been stayed by this Court.
4. After 23.12.2016, this matter is being listed today.
5. None appears on behalf of the Petitioners or the sole Opposite Party when the matter is called.
6. As further proceeding in the suit has not been stayed and in the meanwhile, almost ten years have elapsed, it can safely be presumed that in the meanwhile the civil suit has been disposed of, for which no counsel is appearing on behalf of the Petitioner.
7. Hence, no useful purpose will be served by keeping the CMP pending, which is accordingly dismissed.
8. Interim order passed earlier stands vacated and Misc. Case No. 1519 of 2016 stands disposed of.
(Savitri Ratho)
Judge
Sukanta Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 20-Aug-2026 19:52:04 Signature Not Verified