Orissa High Court
CMP/1731/2016 of SETARAM DAS Vs SUBODH KUMAR SWAIN on 3 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1731 of 2016 Setaram Das & Others …. Petitioners Mr. G.R. Sahoo, Advoate on behalf of Mr. M.R. Baug, Advocate -versus- Subodh Kumar Swain & Others …. Opp. Parties CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 1731 of 2016
Setaram Das & Others
….
Petitioners
Mr. G.R. Sahoo, Advoate
on behalf of Mr. M.R. Baug, Advocate
-versus-
Subodh Kumar Swain & Others
….
Opp. Parties
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No. 03.08.2026
(Through Hybrid Mode)
06.
1. This CMP has been filed with the following prayer:-
“Under the facts and circumstances stated above, this Hon’ble Court may be graciously pleased to admit this Civil Miscellaneous petition and issue a ‘Rule-Nisi’ calling upon the Opposite Parties to show-cause as to why the impugned order vide Annexuré-3 shall not be quashed and thereafter the amendment petition shall not be rejected and if the Opposite parties or anyone of them fail to show-cause or show insufficient cause make the said rule absolute.
And
Pass such other order/orders as this Hon’ble Court may deem just and proper.
And for this act of your kindness, the petitioners shall ever pray.”
2. While issuing notice on 14.12.2016, this Court had stayed further proceeding in the civil suit.
3. Mr. G.R. Sahoo, learned counsel appearing on behalf of the Petitioner submits that in the meanwhile the suit has been disposed of, for which the CMP has become infructuous. He files a memo signed by Mr. M.R. Baug, learned counsel for the Petitioner, to that effect. The same is taken on record.
4. In view of the submission of the learned counsel and the memo filed, no useful purpose will be served by keeping the CMP pending, which is accordingly dismissed.
5. Interim order passed earlier stands vacated and Misc. Case No. 1828 of 2016 stands disposed of.
6. 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: 03-Aug-2026 20:32:26 Signature Not Verified