IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1940 of 2016 CNR NO. -ODHC010151032016 Maina Bibi …. Petitioner Mr. Soubhagya S. Das, Advocate -versus- 1.Dulam Devi 2.Janaki Devi 3.Manorama Devi 4.Meena Devi …. Opp. Parties CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 06. 28.08.2026 (Through hybrid Mode) 1. This CMP has been filed challenging the order dated 23.11.2016 passed by the learned Additional District Judge, Bhadrak in I.A. No. 33 of 2007 arising out of RFA No. 19 of 2007 (Annexure-4), rejecting the application filed by the Petitioner under Order-39, Rule 1 and 2 of the CPC. 2. RFA No. 19 of 2007 had been filed by the Petitioner, who is the defendant in C.S. No. 240-I of 2005 and I.A. No. 33 of 2007 had been filed for ad interim injunction. The same has been rejected by the learned Additional District Judge, Bhadrak holding that since the I.A. has been filed 9 years back in the year, 2007 and no stay order had been passed and in their averments the Opposite Parties have stated that they have already undertaken construction work over the suit land. Therefore by efflux of time, the I.A. looses its credibility. 3. While issuing notice on 04.01.2017, this Court had directed the parties to maintain status quo over the suit schedule land till the next date. On 16.11.2017 while directing for filing of deficit postal stamps, the interim order had been extended. Thereafter the matter is listed today. 4. Registry has pointed out that notice could not be issued to the Opposite Parties No.1 to 4 due to deficit postal stamp of Rs.5/- each and the unserved notices are kept in Section. 5. On 19.08.2026, considering the submission of Mr. S.S. Das, learned counsel for the Petitioner that he had no instructions regarding status of the suit as the case was being listed after almost 9 years, the matter was adjourned to today and the Registry had been directed to call for a report from the learned Additional District Judge, Bhadrak regarding present status of RFA No. 19 of 2007. 6. Report dated 21.08.2026 of the Additional Sessions Judge, Bhadrak has been received, where it is stated that RFA No. 19 of 2007 has been disposed of on 18.02.2021. 7. In view of the disposal of the RFA, nothing remains to be decided in this CMP, which is accordingly dismissed. 8. Interim order passed earlier stands vacated. 9. Misc. Case No. 2044 of 2016 stands disposed of. 10. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge Subhalaxmi SAHOO