Authority: High Court of Odisha, Cuttack
Order Date: 07 September 2026
Case Overview
- Petitioners: M/s Rajpath Services, represented by sole proprietor Sri Piyush Gupta; Opponents: Prasant Kumar Bhuyan, Pratap Kumar Bhuyan, Pradosh Kumar Bhuyan, Dilip Kumar Bhuyan, Pradeep Kumar Bhuyan, Pramod Kumar Bhuyan.
- The Civil Miscellaneous Petition (CMP) No. 1785 of 2016 challenged the order dated 09 November 2016 of the Civil Judge (Senior Division), Bhubaneswar, which had rejected the petitioners' application under CPC Sections 10 and 151 for a stay of proceedings in Civil Suit No. 246 of 2013 pending disposal of Civil Suit No. 180 of 2011.
- The High Court had earlier stayed further proceedings in Suit No. 246 of 2013 on 07 December 2016.
- On 24 August 2026 petitioners indicated they had received no instructions regarding the status of the two civil suits.
- Reports were sought and received on 02 September 2026 from the Senior Division Civil Judge (regarding petitions under Order 6 Rule 17 and Order 1 Rule 10) and from the 2nd Additional Civil Judge (Senior Division) confirming that Civil Suit No. 246 of 2013 had been dismissed for default on 25 June 2025 due to plaintiff's inaction.
Final Outcome
- Since the underlying suit was dismissed, the CMP was dismissed as having no useful purpose.
- The interim order previously granting a stay was vacated.
- Miscellaneous Case No. 1886 of 2016 was marked disposed.
- An urgent certified copy of the order was ordered to be granted on proper application.
Topics: Legal Proceedings, Court Order