IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1440 of 2016 [ CNR No. ODHC010006432016 ] Sk. Jabar …. Petitioner None -versus- Abdul Rafan Khan & Others …. Opp. Parties Mr. T.K. Mohanty, Advocate (for O.P. No.1) CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 20.08.2026 (Through Hybrid Mode) 06. 1. This matter is taken up from the weekly list. 2. This CMP has been filed challenging the order dated 29.07.2016 passed by the learned Civil Judge (Junior Division), Jajpur in Civil Suit No. 517 of 2010 (Annexure-5), allowing the application filed by the plaintiff under Order 6 Rule 17 read with under Order 1 Rule 10(2) of the CPC for impletion of State as a defendant and the insertion of related facts by way of amendment. 3. While issuing notice on 06.10.2016, further proceeding in the suit had been stayed by this Court. 4. On 21.12.2016, the matter had been adjourned to 24.01.2017 and interim order had been extended till the next date. Thereafter, the matter has not been listed. 5. None appears for the Petitioner when the matter is called. 6. Mr. T.K. Mohanty, learned counsel for the Opposite Party No.1 submits that as the matter has been listed after nine years, he does not have instructions regarding present status of the civil suit. 7. As more than ten years have elapsed since the impugned order was passed and there is no appearance on behalf of the Petitioner, it can safely be presumed that in the meanwhile the civil suit has been disposed of or it has progressed considerably, rendering this CMP infructuous. 8. Hence, no useful purpose will be served by keeping the CMP pending, which is accordingly dismissed. 9. Interim order passed earlier stands vacated and Misc. Case No. 1507 of 2016 stand disposed of. Later 10. Mr. B.N. Muduli, learned counsel for the Petitioner appears and submits that the local counsel has informed that the Petitioner has expired. He files a memo to that effect. 11. The said memo is taken on record. (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer