Orissa High Court
CMP/21/2017 of BHAGABAN MISHRA Vs RASANANDA DASH on 19 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 21 of 2017 CNR No. ODHC010130842017 1. Bhagaban Mishra 2. Laxmi Mishra …. Petitioners Mr. P.C. Acharya, Advocate -versus- 1. Rasananda Dash 2. Pravanjan Dash …. Opp. Parties Mr. S.K. Patri, Advocate on behalf of Mr. Debasis
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 21 of 2017
CNR No. ODHC010130842017
1. Bhagaban Mishra
2. Laxmi Mishra
….
Petitioners
Mr. P.C. Acharya, Advocate
-versus-
1. Rasananda Dash
2. Pravanjan Dash
….
Opp. Parties
Mr. S.K. Patri, Advocate
on behalf of Mr. Debasis Tripathy, Advocate
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
04. 19.08.2026
(Through hybrid Mode)
1. This CMP has been filed challenging the order dated 15.12.2016 passed by the learned Senior Civil Judge, Pattamundai in C.S. No. 3995 of 2014 rejecting the petition dated 28.09.2016 filed by the plaintiff under Order 26, Rule 9 CPC for deputing of Civil Court Commissioner for local inspection of the suit land and to answer the questions given in the schedule of the petition.
2. While issuing notice on 11.01.2017, further proceeding in the suit had been stayed by this Court. Thereafter the matter has been listed today.
puspa
3. Mr. P.C. Acharya, learned counsel for the Petitioners files a memo stating that the Petitioners do not want to proceed with the case as the matter has been compromised between the parties in the suit for which the CMP may be disposed of as infructuous. The said memo is taken on record.
4. In view of the memo filed by the learned counsel for the Petitioners, it is not necessary to call for a report from the learned Senior Civil Judge, Pattamundai regarding present status of the suit.
5. Mr. S.K. Patri, learned counsel appearing on behalf of Mr. Debasis Tripathy, learned counsel for the Opposite Parties submits that they do not have any instructions regarding present status of the suit.
6. In view of the memo filed by the learned counsel for the Petitioners, 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. 26 of 2017 stands disposed of.
(Savitri Ratho)
Judge
Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 19-Aug-2026 19:05:51 Signature Not Verified