Orissa High Court

CMP/1051/2016 of JITENDRA KUMAR PRUSTY Vs SK.KALIM on 29 July 2026

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of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1051 of 2016 Sri Jitendra Kumar Prusty … Petitioner Mr. S.P. Das, Advocate -versus- 1. Sk.Kalim 2. Sk. Kalimullah … Opp. Parties Mr. Shib Shankar Mohanty, Advocate (For O.P. No.1) CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 1051 of 2016

Sri Jitendra Kumar Prusty

…

Petitioner

Mr. S.P. Das, Advocate

-versus-

1. Sk.Kalim

2. Sk. Kalimullah

…

Opp. Parties

Mr. Shib Shankar Mohanty, Advocate

(For O.P. No.1)

CORAM:

HON’BLE MISS JUSTICE SAVITRI RATHO

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ORDER

Order No.

29.07.2026

05. (Through hybrid Mode)

1. The CMP has been filed challenging the order dated 08.07.2016 passed in C.S. No. 520 of 2007 by the learned Civil Judge (Senior Division), Bhubaneswar allowing the application filed by the plaintiff for not accepting the additional written statement filed by the defendant no.1.

2. While issuing notice on 08.08.2016, this Court had stayed further proceeding in C.S. No. 520 of 2007 pending in the Court of the by the learned Civil Judge (Senior Division), Bhubaneswar.

3. Mr. S.P. Das, learned counsel is present on behalf of the Petitioner.

puspa

4. Mr. Shib Shakar Mohanty, learned counsel is present on behalf of the Opposite Party No.1.

5. Neither the counsel have any instructions about the present status of C.S. No. 520 of 2007 pending in the Court of the learned Civil Judge (Senior Division), Bhubaneswar.

6. After 07.09.2016, the matter has been listed today. As more than 10 years have elapsed in the meanwhile, 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. 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 18:31:36 Signature Not Verified

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