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Orissa High CourtCMP/714/2022dismissed for defaultnonprosecution

Biswajit Mohanty v. Dillip Kumar Khuntia

2022-10-17Mr. Justice K.R.Mohapatra1 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 714 OF 2022 Biswajit Mohanty ....

Petitioner None -versusDillip Kumar Khuntia and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

17.10.2022 2.

1.

This matter is taken up through hybrid mode.

2.

None appears for the Petitioner at the time of call. 3.

The CMP has been filed assailing the order dated 4th August, 2022 (Annexure-5) passed by learned 3rd Additional Civil Judge (Senior Division), Cuttack in Execution Case No.16 of 1973, whereby an application under Section 151 C.P.C. has been rejected.

4.

On perusal of the order sheet, it reveals that on the last occasion i.e. on 19th September, 2022, none had appeared on behalf of the Petitioner to pursue the matter. Defects as pointed out by the S.R. have also not removed.

5.

In that view of the matter, this CMP is dismissed for non-prosecution.

(K.R. Mohapatra) ms Judge