IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.958 of 2016 Abdul Munaff Petitioner Ms. Deepali Mohapatra, Advocate -versus- 1. Mohammed Sami 2. Mohammed Mahiuddin 3. Abdul Sami 4. Prasant Kumar Panda 5. Rosan Begam 6. Mohammed Mumtaj Alli 7. Mohammed Hayash …. Opp. Parties Mr. B.K. Mohanty, Advocate CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 04. 28.07.2026 (Through hybrid Mode) 1. This application has been filed challenging the order dated 13.05.2016 passed by the learned Civil Judge (Senior Division), Aska (Ganjam) in Civil Suit No.215/2015(CIS No.CS/0000434/2016), rejecting the application filed by the Defendant No.1 (Petitioner) under Order 14, Rule 2 of the CPC, to frame a preliminary issue. 2. On 29.06.2016, this Court had issued notice and stayed further proceeding in Civil Suit No. 215 of 2015. The matter is thereafter, listed today. 3. Memo is filed by Ms. Deepali Mohapatra, learned counsel for the Petitioner stating as follows: “That the suit arising out of the present CMP is filed has become infructuous as suit already been withdrawn vide order dated 12.01.2022 copy enclosed.” 4. Although the memo is not clear but from perusal of the order dated 12.01.2022 passed by the learned Civil Judge (Senior Division), Aska (Ganjam), which is enclosed with the memo, it is apparent that the suit has been permitted to be withdrawn. 5. In view of the withdrawal of the suit, nothing remains to be decided in the CMP, which is accordingly dismissed. 6. M.C. No.967 of 2016 stands disposed of. (Savitri Ratho) Judge Madhusmita