IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 628 of 2016 Smt. Gouri Rout …. Petitioner Mr. S.N. Mishra, Advocate -versus- 1. Prahallad Samal 2. Sri Daitary Barik 3. Sri Sukadev Barik 4. Smt. Kalpana Mishra …. Opp. Parties CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 31.07.2026 08. (Through Hybrid Mode) 1. This CMP has been filed challenging the order dated 22.03.2016 passed by the learned Civil Judge (Junior Division), Chandbali in C.S. No. 116 of 2004-I (Annexure-5), rejecting the application filed under Section 90 of the Indian Evidence Act and under Order 8 Rule 5 of the CPC read with Section 151 of the CPC for recalling of the evidence of the plaintiff and marking of original RSD No. 3541 dated 10.06.1960 as an exhibit. 2. On 19.05.2016, while issuing notice, this Court had stayed further proceeding in C.S. No. 116/2004-I in the Court of the learned Civil Judge (Junior Division), Chandbali. 3. Office note indicates that steps for substitution of legal representatives of deceased -Opposite Parties No. 3 and 4 have not yet been taken. puspa 4. On 23.07.2026, a report had been called for from the learned Civil Judge (Junior Division), Chandbali regarding present status of C.S. No. 116 of 2004-I. 5. As per report dated 28.07.2026 of the learned Civil Judge (Junior Division), Chandbali, C.S. No. 116 of 2004-I has already been disposed of on contest on 25.01.2023. 6. In view of the disposal of the civil suit, nothing remains to be decided in the CMP which is accordingly dismissed. 7. Interim order passed earlier stands vacated and Misc. Case No. 617 of 2016 stand disposed of. (Savitri Ratho) Judge