IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1139 of 2016 1. M/s. Hotel Alakapuri, having its principal place of business at Srikanthapur, PO-Dist.-Balasore represented through its Managing Partner the defendant no.3 Sri Biswajit Das 2. Sri Surajit Das 3. Sri Biswajit Das … Petitioners Mr. Abhay Khandelwal, Advocate on behalf of Mr. D. Gochhayat, Advocate -versus- 1. Sri Banamali Barik 2. Smt. Mausumi Das 3. Sri Prafulla Kumar Das 4. The SDO/Deputy Manager, Electricals, Supply Division (No.1), Balasore … Opp. Parties Mr. P.K. Swain, Advocate (For O.P. No.1) CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 30.07.2026 06. (Through hybrid Mode) 1. This CMP has been filed challenging the order dated 21.07.2016 passed by the learned Civil Judge (Senior Division), Balasore in I.A. No. 454/105 of 2016 arising out of C.S. No. 2027/908 of 2015 (Annexure-1) rejecting a petition filed by the Opposite Parties No.1 to 3 under Order 39, Rule 7 of the CPC for deputing an Advocate Commissioner to inspect and report on the questionnaires of the Opposite Parties. 2. While issuing notice on 08.08.2016, further proceeding in I.A. No. 454/105 of 2016 arising out of C.S. No. 2027/908 of 2015 pending in the Court of the learned Civil Judge (Senior Division), Balasore had been stayed by this Court. 3. In view of the fact that more than 10 years have elapsed in the meanwhile and only the proceedings in I.A. had been stayed by this Court, since the impugned order was passed, it can safely be presumed that in the meanwhile, the suit has been disposed of. 4. Mr. P.K. Swain, learned counsel for the Opposite Party No.1 submits that the Opposite Party No.1 is the plaintiff in the suit and he has informed that in the meanwhile, the suit has been disposed of. He files a memo in that effect which is taken on record. 5. Mr. Abhay Khandelwal, learned counsel appearing on behalf of Mr. Deepak Gochhayat, learned counsel for the Petitioners submits that learned counsel for the Petitioners does not have any instructions regarding status of the suit. 6. In view of the submission of Mr. P.K. Swain, learned counsel for the Opposite Party No.1 and in view of the nature puspa of interim order passed on 08.08.2016, no useful purpose will be served by keeping the CMP pending, which is accordingly dismissed. 7. Interim order stands vacated and pending application (s) stand disposed of. (Savitri Ratho) Judge