Orissa High Court
CMP/1193/2016 of GANESH PARIDA@GANESH CHANDRA PARIDA Vs PRADEEP KU.SHEE on 18 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1193 of 2016 [ CNR No. ODHC010321982016 ] Ganesh Parida @ Ganesh Chandra Parida …. Petitioner Mr. Debendra Narayan Pattanaik, Advocate -versus- Pradeep Kumar Shee & Others …. Opp. Parties Ms. D. Sahoo, Advocate on behalf of Mr.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 1193 of 2016
[ CNR No. ODHC010321982016 ]
Ganesh Parida @ Ganesh Chandra
Parida
….
Petitioner
Mr. Debendra Narayan Pattanaik, Advocate
-versus-
Pradeep Kumar Shee & Others
….
Opp. Parties
Ms. D. Sahoo, Advocate
on behalf of Mr. A.P. Bose, Advocate
(for O.P. Nos. 1, 2, 3, 8 and 9)
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No. 18.08.2026
(Through Hybrid Mode)
08.
1. This CMP has been filed challenging the order dated 25.07.2016 passed by the learned 2nd Additional Civil Judge (Senior Division), Balasore in C.S. No.388 of 2012-I / 765 of 2014, rejecting the application filed by the defendants under Order 6 Rule 17 of the CPC, for amendment of the written statement.
2. While issuing notice on 17.08.2016, further proceedings in the suit has been stayed by this Court.
3. Misc. Case No. 1573 of 2016 for substitution of the Petitioner by his legal representatives has been allowed on 24.09.2016.
4. I.A. No. 200 of 2019 has been filed by the legal representative of Opposite Party No.5 for being substituted in his place / added as Opposite Party Nos. 5(a) to 5(d).
5. On 04.08.2026, when the matter was listed, Ms. D. Sahoo, learned counsel appearing on behalf of Opposite Parties No. 1, 2, 3, 8 and 9 submitted that Opposite Party No.4 has died on 23.06.2018 and both learned counsel have submitted that they do not have any instructions regarding present status of the suit, for which the matter has been adjourned to today to enable the learned counsel to obtain instructions regarding present status of the suit and to enable learned counsel for the Petitioner to obtain instructions and take steps for substitution of Opposite Party No.4, if required and Registry had been directed to call for a status report.
6. When the matter is taken up, the learned counsel for the parties submits that they have not obtained any instructions regarding present status of the suit.
7. Report dated 07.08.2026 of the learned 2nd Additional Civil Judge (Senior Division), Balasore reveals that Civil Suit No.388 of 2012/ 765 of 2014-I has been disposed of on 16.02.2024 and the records consigned to the District Record Room, Balasore on 27.04.2024.
8. In view of the disposal of the civil suit, nothing remains to be decided in the CMP, which is accordingly dismissed.
9. Interim order passed earlier stands vacated.
10. Misc. Case No. 1277 of 2016 and I.A. No. 200 of 2019 stands disposed of.
11. Urgent certified copy of this order be granted on proper application.
(Savitri Ratho)
Judge
Sukanta Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 18-Aug-2026 21:17:37 Signature Not Verified