Orissa High Court

CMP/985/2016 of MAHAMMAD ALLI KHAN Vs LIYAKAT ALLI KHAN@FAYAKAT ALLI KHAN on 28 July 2026

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of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.985 of 2016 Mahammad Alli Khan and others …. Petitioners Ms. P.S. Mohanty, Advocate on behalf of Mr. J. Pradhan, Advocate -versus- Liyakat Alli Khan @ Fayakat Alli Khan and others …. Opp. Parties Mr. Maheswar Mohanty, Advocate (for

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No.985 of 2016

Mahammad Alli Khan and others

….

Petitioners

Ms. P.S. Mohanty, Advocate

on behalf of Mr. J. Pradhan, Advocate

-versus-

Liyakat Alli Khan @ Fayakat Alli Khan

and others

…. Opp. Parties

Mr. Maheswar Mohanty, Advocate

(for O.Ps. No.6 to 9)

CORAM:

HON’BLE MISS JUSTICE SAVITRI RATHO

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ORDER

Order No.

13. 28.07.2026

(Through hybrid Mode)

1. This CMP has been filed challenging the order dated 05.05.2016 passed by the learned 2nd Additional Civil Judge (Senior Division), Balasore in C.S. No.439 of 2009, rejecting the application of the plaintiffs filed under Order 6, Rule 17 of the CPC for amendment of the plaint.

2. While issuing notice on 31.08.2016, further proceeding in the suit had been stayed by this Court.

3. Ms. P.S. Mohanty, learned counsel appearing on behalf of Mr. J. Pradhan, learned counsel for the Petitioners and Mr. Maheswar Mohanty, learned counsel appearing on behalf of the

Opposite Parties No.6 to 9 submit that in the meanwhile, the suit has been disposed of, rendering the CMP infructuous .

4. In view of the above submission, no useful purpose would be served by keeping the CMP pending which is accordingly, disposed of.

5. All interim applications stand disposed of. (Savitri Ratho)

Judge

Madhusmita Digitally Signed Signed by: MADHUSMITA PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Jul-2026 10:56:01 Signature Not Verified

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