Orissa High Court
CMP/863/2016 of NARENDRA KU SWAIN Vs RADHAMANI JENA on 30 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 863 of 2016 Narendra Kumar Swain …. Petitioner None -versus- Smt. Radhamani Jena …. Opp. Party None CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 30.07.2026 (Through Hybrid Mode) 06. 1. This CMP has been filed
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 863 of 2016
Narendra Kumar Swain
….
Petitioner
None
-versus-
Smt. Radhamani Jena
….
Opp. Party
None
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No. 30.07.2026
(Through Hybrid Mode)
06.
1. This CMP has been filed challenging the order dated 09.05.2016 passed by the learned Civil Judge (Junior Division), Soro in C.S. No. 05 of 2015, rejecting the petition filed by the Petitioner under Order 6 Rule 17 of the CPC.
2. While issuing notice on 08.06.2016, this Court had stayed further proceeding in civil suit.
3. AD is back after valid service on the Opposite Party, but no counsel has appeared on behalf of the Opposite Party.
4. On 27.07.2026, when the matter was listed, no counsel had appeared on behalf of the Petitioner, for which the matter had been directed to be listed today, in the interest of justice.
5. Today also no counsel appears on behalf of the Petitioners, when the matter is called.
6. Since more than ten years have elapsed since the impugned order was passed and the counsel for the Petitioner has chosen not to appear in the case and no counsel entered appearance for the Opposite Party, in spite of valid service, it can safely be presumed that in the meanwhile the suit has been disposed of.
7. Hence, no useful purpose will be served by keeping the CMP pending, which is accordingly dismissed.
8. Interim order passed earlier stands vacated and pending interim applications stand disposed of.
9. Liberty is granted to the Petitioner for revival of the CMP / recall of this order within a period of four weeks, in case cause of action still survives.
(Savitri Ratho)
Judge
Sukanta Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 30-Jul-2026 19:44:59 Signature Not Verified