Orissa High Court

CMP/851/2016 of BALAI MAJHI Vs KISHUN MAJHI on 31 July 2026

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of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 851 of 2016 Balai Majhi …. Petitioner Mr. Niranjan Singh, Advocate -versus- 1.Kishun Majhi 2.Chhatray Majhi …. Opp. Parties Mr. Digambara Mishra, Advocate (for O.P. Nos. 2a to 2d) CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 851 of 2016

Balai Majhi

….

Petitioner

Mr. Niranjan Singh, Advocate

-versus-

1.Kishun Majhi

2.Chhatray Majhi

…. Opp. Parties

Mr. Digambara Mishra, Advocate

(for O.P. Nos. 2a to 2d)

CORAM:

HON’BLE MISS JUSTICE SAVITRI RATHO

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ORDER

Order No.

07. 31.07.2026

(Through hybrid Mode)

1. This CMP has been filed challenging the order dated 19.04.2016 passed in CS No. 102 of 2013 by the learned Civil Judge (Senior Division), Rairangpur rejecting the application filed by the plaintiff under Order 6 Rule 17 of the CPC.

2. While issuing notice on 08.06.2016, this Court has stayed further proceedings in the suit.

3. On 27.07.2026, the matter had been adjourned to today to enable learned counsel for the Parties to obtain instructions and the Registry had also been directed to call for a report from the learned trial Court regarding status of the Civil Suit.

4. Report dated 30.07.2026 of the learned Civil Judge (Senior Division), Rairangpur has been received, where it is stated that the suit has been dismissed on 24.08.2021 due to default of the Plaintiff.

5. As the suit has been dismissed, no useful purpose will be served by keeping the CMP pending, which is accordingly dismissed.

6. Interim order stands vacated and Misc. Case No. 852 of 2016 stands disposed of.

7. There is a typographical error in the order dated 27.07.2026, where in the beginning of paragraph-2, the words “Interim order” have been typed, which should be deleted.

8. Order dated 27.07.2026 be accordingly corrected.

(Savitri Ratho)

Judge

Subhalaxmi

Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 31-Jul-2026 19:05:25 Signature Not Verified

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