Haramani Dibya v. Hiren K.Dutta And ORS

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 1896 of 2012 Haramani Dibya .....

Petitioner Mr. Samir Kumar Mishra, Advocate -versusHiren K. Dutta and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

02.09.2022 4.

1.

This matter is taken up through Hybrid mode.

2.

This writ petition has been filed challenging order dated 12th December, 2011 passed by learned Additional Civil Judge (Senior Division), Puri in CS No.348 of 1998 rejecting an application filed by the Petitioner for stay of proceeding of CS No.305 of 2008 pending before learned Civil Judge (Senior Division), Puri.

3.

Mr. Mishra, learned counsel for the Petitioner submits that the suit out of this writ petition arises has already been disposed of and is pending before the Court of 3rd Additional District Judge, Puri in RFA no.129 of 2013. He, therefore, submits that the matter has become infructuous. Accordingly, he prays for withdrawal of the writ petition to move appropriate application.

4.

In view of such submission, the writ petition is disposed of as infructuous.

5.

Interim order dated 7th February, 2012 passed in M.C. No.1599 of 2012 stands vacated.

(K.R. Mohapatra) Judge s.s.satapathy