IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1115 of 2016 CNR No. - ODHC010542692016 Prafulla Kumar Mohapatra …. Petitioner Mr. Soumya Mishra, Advocate -versus- 1.Kishore Kumar Mohapatra 2.Rakesh Kumar Mohapatra 3.Pitabasa Mohapatra …. Opp. Parties CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 05. 13.08.2026 (Through hybrid Mode) 1. This CMP has been filed challenging the order dated 04.07.2016 passed by the learned Civil Judge (Junior Division), Dhamnagar in Civil Suit No. 399 of 2013, allowing the application filed by the Opposite Party No.1 under Order 16 Rule 1 read with Order 18 Rule 2 of the CPC. 2. While issuing notice on 05.08.2016, this Court had stayed further proceeding in C.S. No. 399 of 2013 passed by the learned Civil Judge (Junior Division), Dhamnagar. 3. On 30.07.2026, the matter had been adjourned to today and a report had been called for from the learned Civil Judge (Junior Division), Dhamnagar regarding the status of the suit. 4. Report dated 07.08.2026 has been received from the learned Civil Judge (Junior Division)-cum-JMFC, Dhamnagar, where it is stated that on 10.02.2022, the stay order was vacated in view of the decision of the Supreme Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and another vs. Central Bureau of Investigation and the case record was posted for hearing. But in the meantime defendant No.3 died and has been substituted by his legal representatives on 17.01.2025 and the case is posted to 25.08.2026 for filing fresh steps for issue of notice on the legal representatives of deceased defendant No.3. 5. As the Petition filed by the plaintiff order of the trial Court under Order 16 Rule 1 read with Order 18 Rule 2 of the CPC permitting him to examine defendant No.3 had been allowed, but in the meanwhile defendant No.3 has died, the CMP has been rendered infructuous. 6. The CMP is therefore dismissed. 7. Interim order passed earlier stands vacated. 8. Misc. Case No. 1137 of 2016 stands disposed of. (Savitri Ratho) Judge Subhalaxmi/RKS