The High Court dismissed a Civil Miscellaneous Petition challenging interim orders in a civil suit which had been disposed of in the trial court, holding the current petition infructuous and unnecessary.
CMP dismissed; Misc. Case No. 39 of 2017 disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 32 of 2017
CNR NO. -ODHC010033822017
1.Priyabrata Mishra
…. Petitioners
2.Basudev Mishra
Mr. Asutosh Modi, Advocate on behalf of Mr. N.K. Sahu, Advocate
-versus-
Chittaranjan Mishra
…. Opp. Parties Mr. Prakash Kumar Mishra, Advocate
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO ORDER
Order No.
10.09.2026
08.
(Through hybrid Mode)
an adjournment stating that the file has been misplaced.
behalf of the sole Opposite Party submits that the CMP has been rendered infructuous as the Civil Suit No. 364 of 2015
pending in the Court of the learned Civil Judge (Senior Division), Khandapada has been disposed of on 30.03.2026.
11.02.2016 passed by the learned Civil Judge (Senior Division), Nayagarh in I.A. No. 87 of 2015 arising out of
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Civil Suit No. 364 of 2015 (Annexure-5) and the order dated 12.12.2016 passed in FAO No. 05 of 2016 (Annexure-6), partly allowing the order dated 11.02.2016 the prayer of the plaintiff-petitioner to restrain the Opposite Party No.1 from further alienation of the suit had been rejected and the Opposite Party No.2 had been directed not to enter into the suit land or disturb possession of the Plaintiff-Petitioner till disposal of the suit.
the Opposite Party that in the meanwhile the suit has been disposed of in the learned trial Court, no useful purpose will be served by keeping this CMP pending. Hence, the CMP is dismissed.
Signature Not Verified
(Savitri Ratho) Judge
Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI Subhalaxmi SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 10-Sep-2026 20:02:25
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Priyabrata Mishra
Basudev Mishra
Chittaranjan Mishra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
