Orissa High Court
CMP/1092/2016 of RAJANIKANTA NAYAK Vs BAIDHAR NAYAK on 30 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1092 of 2016 Rajanikanta Nayak …. Petitioner None -versus- 1. Baidhar Nayak 2. Niranjan Nayak 3. Dinabandhu Mohanty 4. Sita Prasad Mohanty 5. Prasant @ Purosottam Mohanty …. …. Opp. Parties Proforma Opp. Parties Mr. S.N.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.1092 of 2016
Rajanikanta Nayak
….
Petitioner
None
-versus-
1. Baidhar Nayak
2. Niranjan Nayak
3. Dinabandhu Mohanty
4. Sita Prasad Mohanty
5. Prasant @ Purosottam Mohanty
….
….
Opp. Parties
Proforma
Opp. Parties
Mr. S.N. Mishra-4, Advocate
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
07. 30.07.2026
(Through hybrid Mode)
1. This CMP has been filed challenging the order dated 08.02.2016 passed by the learned Additional Civil Judge (Junior Division), Basudevpur rejecting the proposed amendment No.1 in the objection to the petitioner filed under Order 39, Rule 1 and 2 of the CPC.
2. While issuing notice on 27.09.2016, this Court had stayed further proceeding in C.S. No.173 of 2015 and Misc. Case No.171 of 2015 in the learned trial Court.
3. When the matter was listed today, none appeared in the first hour on behalf of the Petitioner and Mr. S. N. Mishra-4, learned counsel was present on behalf of Opposite Parties No.1 and 2.
4. The matter was passed over, in order to enable Mr. S. N. Mishra-4, to obtain instructions if the suit was still pending.
5. Mr. S. N. Mishra-4 after checking the status of the suit on the E-courts website, submits that on 14.12.2019 the petition under order 23 Rule 1 of the CPC filed by the plaintiff has been accepted and the suit has been disposed of.
6. Registry had been directed to obtain instructions from the learned Additional Civil Judge (Junior Division), Basudevpur over telephone regarding present status of the suit and confirms that the suit has been disposed of as withdrawn on 14.12.2019.
7. As the suit has been disposed of, no useful purpose would be served by keeping this CMP pending, which is accordingly dismissed.
8. Interim order stands vacated and the interim application is disposed of.
(Savitri Ratho)
Judge Madhusmita Digitally Signed Signed by: MADHUSMITA PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Jul-2026 18:23:55 Signature Not Verified