p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1653 of 2015 Narayan Behera …. Petitioner Mr. R.K. Prusty, Advocate -versus- 1. The State of Orissa, represented through the Collector, Balasore 2. Hare Krushna Behera …. Opposite Parties None CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 30.07.2026 05. (Through Hybrid Mode) 1. This CMP has been filed challenging the order dated 10.12.2015 passed by the learned Additional District Judge, Balasore in RFA No.07 of 2009 / 112 of 2005 (Annexure-3) partly allowing the petition filed by the Appellant (present Petitioner) under Order 6 Rule 17 read with Order 1 Rule 10 of the CPC. 2. While issuing notice on 05.01.2016, this Court had stayed further proceedings in RFA No.7 of 2009/112 of 2005. 3. On 23.07.2026 when the matter was listed, prayer for adjournment was made on behalf of the learned counsel for the Petitioner stating that the sole Petitioner died on 11.03.2024 and he p. 2 wanted to obtain instructions from the legal heirs whether they wanted to pursue the CMP and to take steps for substitution. 4. Today when the matter is taken up, Mr. R.K. Prusty, learned counsel for the Petitioner submits that the legal heirs of the Petitioner are not interested to pursue the CMP for which the same may be disposed. He files a memo to that effect. The same is taken on record. 4. Considering the said submission and as the Petitioner has died since 11.03.2024 and steps for substitution have not been taken, the CMP is dismissed. 5. All pending interim application(s) stand disposed of. (Savitri Ratho) Judge RKS