Orissa High Court
CMP/1360/2015 of KOTA GIRIDHARI RAO Vs K.LAXMIBAI on 30 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1360 of 2015 1. Kota Giridhari Rao 2. Kota Ram Rao …. Petitioners Mr. S.K. Dhir, Advocate on behalf of Mr.P.K. Mishra, Advocate -versus- K. Laxmibai & Others …. Opp. Parties CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 1360 of 2015
1. Kota Giridhari Rao
2. Kota Ram Rao
….
Petitioners
Mr. S.K. Dhir, Advocate
on behalf of Mr.P.K. Mishra, Advocate
-versus-
K. Laxmibai & Others
….
Opp. Parties
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No. 30.07.2026
(Through Hybrid Mode)
09.
1. This CMP has been filed challenging the order dated 23.09.2015 passed by the learned Civil Judge (Junior Division), Paralkhemundi in C.S. No. 9 of 2013, rejecting the application filed under Order 16 Rule 6 read with Section 151 of the CPC filed by the defendants No. 2 and 3.
2. While issuing notice on 02.11.2015, this Court had stayed further proceeding in the civil suit.
3. On 22.07.2026, the matter had been adjourned at the instance of Mr. Prasanna Kumar Mishra, learned counsel for the Petitioners to enable to obtain instructions as the matter was listed after eleven years.
4. Today when the matter is taken up, Mr. S.K. Dhir, learned counsel files a memo signed by Mr. P.K. Mishra, learned counsel for the Petitioner stating that in the meanwhile the suit has been disposed of.
5. Perused the report dated 28.07.2026 of the learned Civil Judge (Junior Division), Paralkhemundi, where it is stated as follows:-
“C.S. No. 09 of 2013 was disposed of on contest and dismissed on 31.07.2024.
The plaintiff preferred an appeal before the District Judge, Gajapati in R.F.A. No. 10 of 2024.
The appellate court allowed the appeal and, by judgment dated 17.09.2025, remanded the case to this Court with a direction to frame proper issues and afford the parties an opportunity to lead evidence.
After remand, the Advocate for the proposed third-party interveners filed a petition under Order I Rule 10 CPC seeking their impleadment of parties in this suit.
The plaintiff/opposite parties have filed their counter to the said petition.
The record is now posted to 28.07.2026 for hearing on the petition under Order I Rule 10 СРС.”
6. In view of the above development, nothing remains to be decided in the CMP, which is accordingly dismissed.
7. Interim order passed earlier stands vacated and all pending interim application(s) stand disposed of.
8. 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: 30-Jul-2026 19:44:59 Signature Not Verified