IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1111 of 2016 Bijaya Kabi @ Bijaya Kumar Kabi … Petitioner Mr. Ram Chandra Rath, Advocate -versus- 1. Gitanjali Behera 2. Anjana Behera … Opp. Parties Mr. P.K. Swain, Advocate CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 23.07.2026 06. (Through hybrid Mode) 1. This CMP has been filed challenging the order dated 15.07.2016 passed by the learned Civil Judge (Senior Division), Kamakhyanagar in C.S. No. 26/2012 rejecting the application filed by the defendant under Order 6 Rules 16 and 17 for amendment of the written statement. 2. Mr. R.C. Rath, learned counsel for the Petitioner submits that while issuing notice on 11.08.2016, this Court had stayed further proceeding in the suit but as per his instructions, the stay order was deemed to be vacated after six months in view of the judgment dated 28.03.2018 passed in Criminal Appeal No. 1375 & 1376 of 2013 by the Apex Court and hearing in the suit had been taken up and it had been posted to 12.02.2019 puspa for hearing. 3. Certified copy of the order dated 28.01.2019 is available in the record which confirms the submission of Mr. Rath, learned counsel for the Petitioner. There is no fresh of stay order in this CMP nor has the earlier stay order been extended after 2019, so it can safely be presumed that in the meanwhile, the suit has been disposed of. 4. Hence, the CMP is dismissed. 5. However, liberty is granted to the Petitioner for revival of the CMP within a period of four weeks, in case, cause of action still survives. 6. Urgent certified copy of the order be granted on proper application. (Savitri Ratho) Judge