Orissa High Court
CMP/1037/2016 of GOURI BISWAL Vs KALAKAR BISWAL on 29 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1037 of 2016 Gouri Biswal @ Gori Biswal and 2 Others … Petitioners None -versus- Kalakar Biswal … Opp. Party None CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 29.07.2026 06. (Through hybrid Mode) 1. The CMP has
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 1037 of 2016
Gouri Biswal @ Gori Biswal and 2
Others
…
Petitioners
None
-versus-
Kalakar Biswal
… Opp. Party
None
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
29.07.2026
06. (Through hybrid Mode)
1. The CMP has been filed challenging the order dated 20.04.2016 passed in I.A. No. 96/2016 arising out of Civil Suit No.53/2016 by the learned Civil Judge (Senior Division), Pattamundai rejecting the application filed by the defendants under Order 39 Rule 7 of the CPC.
2. None appears for the Petitioners or the Opposite Party when the matter is called.
3. On 05.08.2016 while issuing notice, the Petitioners had been granted liberty to file an application seeking adjournment of the suit for at least fifteen days and it had been directed that if such application is filed, the suit would be adjourned for at least fifteen days. Thereafter the interim order has not been extended.
puspa
4. As more than 10 years have elapsed since the impugned order was passed, it can safely be presumed that in the meanwhile, the suit has been disposed of.
5. Hence, no useful purpose will be served by keeping the CMP pending, which is accordingly dismissed.
6. Liberty is granted to the Petitioners for revival of the suit/ recall of this order, in case, cause of action still survives.
(Savitri Ratho)
Judge
Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 29-Jul-2026 19:17:08 Signature Not Verified