Orissa High Court
CMP/431/2016 of PRATAP CHANDRA MOHNATY Vs AMIYA KUMAR MOHNATY on 31 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.431 of 2016 Pratap Chandra Mohanty …. Petitioner None -versus- Amiya Kumar Mohanty and others …. Opposite Parties Mr. S.K. Pattanaik, Advocate (For Opposite Party No.1) CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.431 of 2016
Pratap Chandra Mohanty
….
Petitioner
None
-versus-
Amiya Kumar Mohanty and
others
….
Opposite Parties
Mr. S.K. Pattanaik, Advocate
(For Opposite Party No.1)
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
Order No.
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ORDER
31.07.2026
06. (Through Hybrid Mode)
1. This CMP has been filed challenging the order dated 20.02.2016 passed by the learned Civil Judge (Junior Division), Jagatsinghpur in Civil Suit No.143 of 2004 rejecting the application of the Petitioner filed under Section 11 of the CPC for dismissing the suit as barred by the principle of res judicata.
2. On 27.07.2026, Mr. S.K. Pattaniak, leaned counsel for the Opposite Party No.1 was present and submitted that the Petitioner has died on 17.12.2025. As no counsel appeared on behalf of the Petitioner, the matter was adjourned to today in the interest of justice.
3. None appears for the Petitioner when the matter is called. Mr. S.K. Pattanaik, learned counsel for the Opposite Party No.1 is present.
4. Mr. Pattanaik, learned counsel submits that as per his instructions, C.S. No. 143 of 2004 has in the meanwhile been disposed of.
5. As no counsel appears on behalf of the Petitioner and the submission of Mr. Pattanaik, learned counsel for the Opposite Party No.1 that the suit has been disposed of, no useful purpose would be served by keeping the CMP pending, which is accordingly dismissed.
6. Interim order passed earlier stands vacated and Misc. Case No.429 of 2016 stands disposed of.
(Savitri Ratho)
Judge RKS Digitally Signed Signed by: RANJAN KUMAR SETHI Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 31-Jul-2026 19:11:36 Signature Not Verified