IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 962 of 2016 CNR No. - ODHC010313152016 Smt. Gavera Lakshmi …. Petitioners Mr. T.K. Mishra, Advocate on behalf of Mr. Debendra Kumar Sahoo-1, Advocate -versus- 1.Sri Yedla Ramdas 2.Sri Yedla Subharao 3.Sri Yedla Laxman Rao 4.Sri Yedla Sriramulu 5.Kommu Trinath Rao 6.KommuVinil Kumar 7.Kummu Kishore Kumar 8.Kommu Girish Kumar 9.Yadla Jyoti 10.Yedla Pawan Kumar 11.Yedla Mani 12.Smt. Rout Kamala 13.Yedla Ambu @ Anand Rao …. Opp. Parties Mr. Anup Kumar Mishra, Advocate on behalf of Mr. Amiya Kumar Mishra, Advocate CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 09. 13.08.2026 (Through hybrid Mode) 1. Mr. A. Mishra, learned counsel appearing on behalf of the Opposite Party No. 1, 2 and 3 submits that the instructions submitted by him on 30.07.2026 that the Petitioner, who is the defendant No.6 in the learned trial Court had died, is not correct. 2. This CMP has been filed challenging the order dated 06.04.2016 passed by the learned Civil Judge (Senior Division), Parlakhemundi in FDTS No. 10 of 1979, rejecting the application filed by the Petitioner under Order 6 Rule 17 of the CPC. 3. While issuing notice on 08.08.2016, this Court had stayed further proceeding in FDTS No. 10 of 1979 passed by the learned Civil Judge (Senior Division), Parlakhemundi. 4. On 30.07.2026, the Registry had been directed to call for a report from the learned trial Court regarding status of FDTS No. 10 of 1979. 5. Report dated 12.08.2026 has been received from the Civil Judge (Senior Division), Parlakhemundi, where it is stated that T.S. No. 10 of 1979 was decreed in part preliminarily on 26.04.1983; F.D.T.S. No. 10 of 1979 was filed on 03.09.2010. The Hon’ble High Court, vide Order No.40 dated 27.08.2021 in AHO No.96 of 1994 and AHO No.69 of 1995, set aside the judgments of the Trial Court and First Appellate Court to the relevant extent. The Hon’ble High Court held that all children, both legitimate and illegitimate, of Edla Neelaya and his wives are entitled to their respective shares in accordance with law. In view of the said order, the earlier preliminary decree became incapable of implementation and the F.D. proceeding was accordingly closed as infructuous on 17.12.2021. 6. In view of the disposal of the final decree proceeding as infructuous on 17.12.2021, nothing remains to be decided in this CMP, which is accordingly dismissed. 7. Interim order passed earlier stands vacated. 8. Misc. Case No. 971 of 2016 stands disposed of. (Savitri Ratho) Judge Subhalaxmi SAHOO