IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1363 of 2015 CNR No. - ODHC010060432015 Chandra Sekhar Bhoi …. Petitioner Ms. Spandana Pattanaik, Advocate on behalf of Mr. A.K. Behera, Advocate -versus- Umakanta Nayak and others …. Opp. Parties Mr. S. S. K. Nayak, Advocate CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 08. 27.08.2026 (Through hybrid Mode) 1. This CMP has been filed challenging the order dated 11.12.2008 passed by the learned Civil Judge (Senior Division), Bhadrak in Misc. Case No. 166 of 1998 (Annexure- 4), rejecting the petition filed by the Petitioner under Order 9 Rule 13 of the CPC. 2. Ms. S. Pattanaik, learned counsel appearing on behalf of Mr. A.K. Behera, learned counsel for the Petitioner submits that pursuant to order dated 06.08.2026, the copy of the postal cover along with the postal tracking report has been filed along with a memo. 3. The endorsement on the postal cover indicates that the letter dated 23.07.2026 sent by speed post to the Petitioner has returned unserved with the remark “addressee deceased RTS”. 4. Today, when the matter is taken up, a memo signed by Mr. A. Behera, learned counsel for the Petitioner is filed stating that as the letter sent to the Petitioner has returned unserved with the endorsement, „Petitioner is expired‟, they do not have any instructions to carry out substitution and proceed with the matter as no contact could be established with the legal representatives of the Petitioner, for which appropriate orders may be passed granting liberty to approach this Court if cause of action still survives. The said memo is taken on record. 5. In view of this memo, the CMP is dismissed. 6. However, the legal heirs of the Petitioner are at liberty to take steps for recall of this order and pursue this CMP by filing appropriate applications within a period of four weeks. 7. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge Subhalaxmi SAHOO