SADANANDA SETHI Vs. BENUDHAR SETHI

JUDGEMENT

(1.) IN this writ application the Petitioner has sought to challenge the Order Dated 21.8.2006 passed by the Learned District Judge, Khurda in CRP No. 13 of 2005 setting aside the order of status -quo passed by the Civil Judge (Jr. Division), Bhubaneswar in I.A. No. 97 of 2005.

(2.) AN objection has been filed by the Opposite Party in Misc. Case No. 4408 of 2008 praying for dismissal of the writ application on the ground of having been rendered infructuous.

(3.) MR . Sarangi, Learned Counsel for the Opposite Party has filed misc. case, indicating therein that the C.M.A. No. 208 of 2003 filed by the Plaintiff -Petitioner to restore the suit, was dismissed for default on 6.4.2007 and submits that since neither the suit nor the restoration application is pending under law, the present writ application is obviously infructuous.