Orissa High Court
CMP/1506/2016 of MAHESWAR BEHERA Vs ACHUTI BEHERA on 20 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1506 of 2016 CNR No. ODHC010056392014 Maheswar Behera …. Petitioner None -versus- 1. Achuti Behera 2. Baidhar Behera 3. Gangadhar Behera 4. Bhagirathi Behera 5. Raghunath Behera …. Opp. Parties None (For O.Ps. No.1, 3 and 4) CORAM:
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.1506 of 2016
CNR No. ODHC010056392014
Maheswar Behera
….
Petitioner
None
-versus-
1. Achuti Behera
2. Baidhar Behera
3. Gangadhar Behera
4. Bhagirathi Behera
5. Raghunath Behera
….
Opp. Parties
None
(For O.Ps. No.1, 3 and 4)
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
10. 20.08.2026 (Through hybrid Mode)
1. This matter is taken up from the weekly list.
2. The CMP has been filed for setting aside the order dated 13.08.2003 passed by the learned Civil Judge (Junior Division), Jajpur in Misc. Case No. 208 of 2002 arising out of T.S. No. 172 of 2002 (Annexure-1) and the order dated 05.08.2014 passed by the learned Additional District Judge, Jajpur in Misc. Appeal No. 69 of 2004 (Annexure-2) challenging the order dated 17.08.2004 passed in Misc. Case No. 212 of 2002 in Title Suit No. 171 of 2002 filed under Order 39, Rule 2 A CPC for punishing the puspa Respondents for violating the order passed in Misc. Case No. 208 of 2002.
3. Although notice had been issued on 09.11.2016, but no interim order had been passed by this Court.
4. Office note indicates that notice has returned from Opposite Party No.2 with the noting ‘No such addressee found’.
5. None appears for the Petitioner or the Opposite parties No.1, 3 and 4 when the matter is called.
6. In view of the fact that more than 12 years have elapsed since the impugned orders were passed, no useful purpose will be served by keeping the CMP pending, which is accordingly dismissed.
7. Liberty is granted to the Petitioner for revival of the suit/ recall of this order within a period of four weeks, 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