Orissa High Court
CMP/399/2016 of SK.HEMARULLA Vs SK.ZAFIR HUSSAIN on 22 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 399 of 2016 Sk. Hemarulla …. Petitioner Ms. Prajna Sarita Mohanty, Advocate on behalf of Mr. J. Pradhan, Advocate -versus- Sk. Zafir Hussain & 18 Others …. Opp. Parties CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 399 of 2016
Sk. Hemarulla
….
Petitioner
Ms. Prajna Sarita Mohanty, Advocate
on behalf of Mr. J. Pradhan, Advocate
-versus-
Sk. Zafir Hussain & 18 Others
….
Opp. Parties
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No. 22.07.2026
(Through Hybrid Mode)
05.
1. This CMP has been filed by the plaintiff, challenging the order dated 27.02.2016 (Annexure-3) passed by the learned Civil Judge (Senior Division), Udala in I.A. No. 8 of 2016 arising out of Title Suit No. 32/2006 of 1987-86 allowing the application of the Opposite Parties No. 1 and 2 filed under Order 1 Rule 10 of the CPC and Order 22, Rule 4 read with Section 151 of the CPC claiming to be the legal heirs of Jainul Hussain and defendant No.12 Meheran Nisha @ Meherjan.
2. Ms. Prangya Sarita Mohanty, learned counsel appearing on behalf of Mr. J. Pradhan, learned counsel for the Petitioner submits that the CMP has been rendered infructuous as in the meanwhile the suit has been disposed of.
3. Perusal of the order sheet reveals that this matter has been listed on a number of occasions for removal of defects and had thereafter been dismissed due to non-compliance of peremptory order. It was restored pursuant to order dated 07.02.2018 passed in CMAPL No. 620 of 2016. No interim order has been passed in this CMP.
4. In view of the submission of the learned counsel for the Petitioner, the CMP is dismissed.
5. 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: 22-Jul-2026 19:05:41 Signature Not Verified