Orissa High Court
CMP/968/2014 of DASARATHA SAHU Vs BHISMADEV PRADHAN on 23 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 968 of 2014 Dasaratha Sahu …. Petitioner Mr. B. Sahoo, Advocate -versus- Bhismadev Pradhan & Others …. Opp. Parties Mr. P.K. Nayak, Advocate on behalf of Mr. D.K. Mohanty, Advocate (for O.P. Nos. 1 and 2) CORAM: THE
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 968 of 2014
Dasaratha Sahu
….
Petitioner
Mr. B. Sahoo, Advocate
-versus-
Bhismadev Pradhan & Others
….
Opp. Parties
Mr. P.K. Nayak, Advocate
on behalf of Mr. D.K. Mohanty, Advocate
(for O.P. Nos. 1 and 2)
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No. 23.07.2026
(Through Hybrid Mode)
07.
1. This CMP has been filed challenging the order dated 21.07.2014 passed by the learned Civil Judge (Junior Division), Sambalpur in C.S. No. 98/170-08/2011 rejecting the application of the plaintiff, filed under Order 18 Rule 1 of CPC.
2. Notice in this matter had been issued on 05.09.2014 and this Court had directed for stay of further proceeding in the civil suit.
3. As per the office note, M.C. No. 1325 of 2017 and M.C. No. 1326 of 2017 have been filed for substitution of the legal representatives of deceased Opposite Parties No. 4 and 7 and a memo has been filed by the Advocate for the Petitioner stating therein about the legal heirs of deceased Opposite Party No.5 and the office note also states that the AD is back from Opposite Parties No. 3, 6 and 8.
4. Mr. P.K. Nayak, learned counsel is present on behalf of Mr. D.K. Mohanty, learned counsel is present on behalf of Opposite Parties No. 1 and 2.
5. Both the learned counsel submit that they do not have any instructions about the present status of the suit.
6. Since the suit is of the year 2011 and the CMP was last listed on 05.11.2017, it can safely be presumed that the suit must have been disposed of in the meanwhile.
7. Hence, the CMP is dismissed, but liberty is granted to the Petitioner for re-call of this order / revival of the CMP within a period of four weeks, in case cause of action still survives.
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: 25-Jul-2026 14:58:24 Signature Not Verified