Orissa High Court
CMP/1089/2016 of SAROJINI NAYAK Vs PUNEI NAYAK on 18 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1089 of 2016 [CNR No. ODHC010262972016] Sarojini Nayak …. Petitioner Ms. P.S. Mohanty, Advocate on behalf of Mr. Tusar Kumar Mishra, Advocate -versus- 1. Punei Nayak 2. Subasini Nayak 3. Basanti Nayak 4. Thakur Nayak …. Opposite
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.1089 of 2016
[CNR No. ODHC010262972016]
Sarojini Nayak
….
Petitioner
Ms. P.S. Mohanty, Advocate
on behalf of Mr. Tusar Kumar Mishra, Advocate
-versus-
1. Punei Nayak
2. Subasini Nayak
3. Basanti Nayak
4. Thakur Nayak
….
Opposite Parties
None
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
Order No.
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ORDER
18.08.2026
05. (Through Hybrid Mode)
1. This CMP has been filed challenging the order dated 13.05.2016 passed by the learned Civil Judge (Senior Division), Phulbani in Civil Suit No.32 of 2015, rejecting the application filed under Order 6 Rule 17 of the CPC by the plaintiff, for amendment of the plaint.
2. While issuing notice on 29.07.2016 this Court had stayed further proceeding in the suit.
3. On 29.07.2026 when the matter was listed as learned counsel for both the parties wanted time to obtain instructions the matter was adjourned to 13.08.2026 and the Registry was directed to call for a report from the learned Civil Judge (Senior Division), Phulbani regarding status of the suit.
4. On 13.08.2026, the status report had not been received and it was found that there was no mention in the office note as to when the status report had been called for.
5. Hence, the Dealing Assistant was directed to submit an explanation and was also directed to issue a reminder for the status report.
6. In his explanation, Mr. S.K. Panda the Section Officer of Writ Branch-VII has stated that the status report had been called for on 30.07.2026 through OCP mode but was inadvertently, not reflected in the Office note and a reminder has been sent through e- mail on 17.08.2026.
7. Status report dated 17.08.2026 is received from the learned Civil Judge (Senior Division), Phulbani, where it is stated that the Civil Suit has been disposed of on 30.11.2021.
7. In view of the disposal of the Civil Suit, nothing remains to be decided in the CMP, which is accordingly dismissed.
8. Interim order passed earlier stands vacated. Misc. Case No.1105 of 2015 stands disposed of.
(Savitri Ratho)
Judge Madhusmita Digitally Signed Signed by: MADHUSMITA PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Aug-2026 20:52:07 Signature Not Verified