IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1487 of 2016 CNR No. ODHC010205012016 Smt. Luni Devi alias Luni Devi Joshi …. Petitioner Ms. L. Pradhan, Advocate -versus- 1. Sri Sri Jagatguru Sankaracharya Swami Nischalananda Saraswati of Gobardhan Matha, Balisahi, Puri Town, Puri 2. Shyamlal Generiwalla 3. Kumari Sangeeta Generiwalla …. Opp. Parties None (For O.P. No.1) CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 06. 20.08.2026 (Through hybrid Mode) 1. This matter is taken up from the weekly list. 2. The CMP has been filed challenging the order dated 08.09.2016 passed by the learned Civil Judge (Junior Division), Puri in C.S. No. 222 of 2005 (Annexure-5), allowing the petition filed by the plaintiff under Order 26, Rule 9 CPC for appointment of a Survey Knowing Commissioner. 3. While issuing notice on 08.11.2016, further proceeding in the civil suit had been stayed by this Court. 4. Ms. L. Pradhan, learned counsel for the Petitioner appearing on virtual mode, submits that they do not have any puspa instructions in the matter. 5. None appears for the Opposite Party No.1, when the matter is called. 6. In view of the fact that almost 10 years have elapsed since the impugned order was passed and the suit is of the year, 2005, it can safely be presumed that in the meanwhile, either the suit has been disposed of or the impugned order has been carried out for which no useful purpose will be served by keeping the CMP pending. 7. The CMP is therefore dismissed. 8. Interim order passed earlier stands vacated. 9. Misc. Case No. 1556 of 2016 stands disposed of. (Savitri Ratho) Judge Designation: Personal Assistant