IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 703 of 2016 Kotini Narasingha Murty … Petitioner None -versus- Gumudi Chitti Babu … Opp. Party Mr. B.K. Mohanty, Advocate CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 23.07.2026 07. (Through hybrid Mode) 1. This CMP has been filed challenging the order dated 19.04.2016 passed by the learned Civil Judge (Senior Division), Paralakhemundi in C.S. No. 29 of 2008 allowing the application filed by the defendant under Order XVIII Rule 1 of the CPC. 2. None appears for the Petitioner when the matter is called. But a memo signed by Mr. S.K. Dash, learned counsel for the Petitioner has been filed where it is stated that now the suit is posted for judgment and the Petitioner has died in the meanwhile and the legal representatives are not interested to pursue the matter. Hence, the CMP may be not pressed as withdrawn. The said memo is taken on record. 3. Considering the said memo, the CMP and Misc. Case is puspa accordingly disposed of. 4. Interim order passed earlier stands vacated. 5. Urgent certified copy of the order be granted on proper application. (Savitri Ratho) Judge