IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1175 of 2016 [CNR No.- ODHC010364982016] Rohit Sahu …. Petitioner Mr. Prashanta Kumar Nayak, Advocate -versus- 1. Dambarudhar Majhi 2. Pujari Majhi 3. Laldhar Majhi 4. Sudarshan Majhi 5. Sundar Majhi …. Opp. Parties CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 07. 17.08.2026 (Through hybrid Mode) 1. This CMP has been filed challenging the order dated 23.04.2016 passed by the learned Additional Civil Judge (Jr. Division), Kantabanji in C.S. No. 16/2011 rejecting the application filed by the plaintiff under Order 6, Rule 9 of the CPC for deputing an Amin Commissioner for measurement of the case land. 2. While issuing notice, this Court had stayed further proceedings in the suit. 3. On 30.07.2026 a report was called for from the learned trial Court and the learned counsel for the Petitioner had undertaken to take steps for issue of fresh notice on Opposite Party No.4. 4. On 11.08.2026, in view of the report dated 07.08.2026 of the learned trial Court regarding status of the suit, the matter was passed over and the learned counsel appearing on behalf of Mr. P.K. Nayak, learned counsel for the Petitioner had been directed to obtain instructions from Mr. P.K. Nayak. But she did not appear when the case was called after recess for which the matter was adjourned to 13.08.2026 and thereafter to today. 5. After perusing the report dated 07.08.2026 of the learned trial Court that the evidence on the plaintiff has been closed and the case is posted to 26.08.2026 for evidence of the defendants, Mr. P.K. Nayak, learned counsel for the Petitioner disputes this position saying that the plaintiff has not yet been cross-examined. 6. Hence, list this case on 27.08.2026 to enable Mr. P.K. Nayak, learned counsel for the Petitioner to file an affidavit in support of his submission that the suit has not proceeded after the impugned order was passed when it had been posted for cross- examination of the plaintiff, in view of the interim order passed by this Court, along with certified copy of the order sheet in the Civil Suit. Later 7. Mr. P.K. Nayak learned counsel submits that the Petitioner does not want to proceed with this case and prays that the same may be permitted to be withdrawn. 8. The said memo is taken on record. 9. It is no longer necessary for the learned counsel for the Petitioner to file any affidavit along with the order sheet of the learned Court below. 10. In view of the report dated 07.08.2026 of learned Civil Judge (Jr. Division) Muribahal and the memo filed by the learned Counsel for the Petitioner, no useful purpose would be served by keeping this CMP pending. 11. Hence, this CMP is dismissed. 12. Interim order passed earlier stands vacated and Misc. Case No.1196 of 2016 stands disposed of. 13. Issue urgent certified copy as per rules. (Savitri Ratho) Judge Madhusmita