IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1430 of 2016 Smt. Puni Barik … Petitioner Ms. P.S. Mohanty, Advocate -versus- Smt. Malati Barik … Opp. Party CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 23.07.2026 06. (Through hybrid Mode) 1. The CMP has been filed challenging the order dated 28.07.2016 passed by the learned Civil Judge (Senior Division), Nilagiri in O.S.F.D. No. 75 of 1987-I. 2. Ms. P.S. Mohanty, learned counsel for the Petitioners submits that the CMP has become infructuous as the Petitioner has died during pendency of the CMP. She submits that against the preliminary decree. First appeal had been filed and challenging the judgment and decree in the first appeal, second appeal i.e. RSA No. 64 of 2016 is pending before this Court. She also submits that in the final decree proceedings, the acceptance of the Commissioner report had been challenged by the Petitioner but as he has died in the meanwhile the decree has been satisfied. Hence, the CMP has become infructuous. puspa She files a memo to that effect which is taken on record. 3. Considering the above submission, the CMP is dismissed. 4. Urgent certified copy of the order be granted on proper application. (Savitri Ratho) Judge