IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1568 of 2015 Umashankar Swain …. Petitioner Mr. S.S.K. Nayak, Advocate -versus- Ramesh Chandra Swain and 14 others …. Opposite Parties Ms. Sai Suman, Advocate on behalf of Mr. J.K. Khuntia, Advocate (For Opposite Party No.1) CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 30.07.2026 11. (Through Hybrid Mode) 1. The CMP has been filed challenging the order dated 24.09.2015 passed by the learned Civil Judge (Senior Division), Kendrapara in C.S. No. 63 of 2003(F.D.) refusing to stay the final decree proceeding. 2. While issuing notice on 08.12.2015, further proceedings in the final decree proceedings has been stayed by this Court. When the matter was listed on 22.07.2026, as the learned counsel for the Petitioner and Opposite Party No.1 submitted that they do not have instructions in the matter, report had been called for from the learned trial Court. 3. Perused the report dated 27.07.2026 of the learned Civil Judge (Senior Division), Kendrapara where it has been stated as follows: “I humbly submit that C.S No.63 of 2003 was decreed preliminarily on ex-parte on dated 03.08.2010 and accordingly preliminary decree was drawn on 07.08.2010. On the prayer of plaintiff, final decree proceeding was initiated on 15.02.2011 to make the preliminary decree as final, but due to repeated absence of plaintiff the final decree proceeding was dropped on 29.08.2022. On 20.05.2023 the plaintiff files a final decree petition afresh. Inspite service of notices the defendants neither appeared in this case and now the case is posted to 12.10.2026 for hearing on the final decree proceeding. This is for favour of your kind information and necessary action.” 4. In view of the report, no useful purpose would be served by keeping this CMP pending, which is accordingly disposed of. 5. All pending interim application(s) stand disposed of. (Savitri Ratho) Judge Digitally Signed RKS Signed by: RANJAN KUMAR SETHI Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 30-Jul-2026 20:05:20