K.R. Mohapatra, J
1. This matter is taken up through hybrid mode.
2. Petitioner in this CMP seeks to assail the order dated 11th November, 2022 (Annexure-3) passed by learned Additional Civil Judge, (Senior Division), Puri in TS No.348 of 1998, whereby an application filed by the Petitioner for stay of further proceedings of the suit till disposal of RFA No.129 of 2013 pending in the Court of learned 3rd Additional District Judge, Puri, has been rejected.
3. Mr. Panda, learned counsel, being authorized by Mr. Mohanty, learned counsel for the Opposite Party No.3 places on record the order dated 7th March, 2024, whereby an application filed under Order XXIII Rule 1 CPC by Puri Municipality for withdrawal of CS No.305 of 2008, has been allowed.
4. Mr. Panda, learned counsel appearing for Opposite Party No.3 submits that RFA No.129 of 2013 arose out of CS No.305 of 2008. In the meantime, RFA No.129 of 2013 was decreed remitting the matter to learned trial Court for fresh adjudication of the suit. Subsequently, the Puri Municipality-Opposite Party No.3 filed an application under Order XXIII Rule 1 CPC for withdrawal of the suit, which was allowed vide order dated 7th March, 2024. Hence, nothing remains to be adjudicated in this CMP.
5. Mr. Mishra, learned Senior Advocate appearing for the Petitioner submits that since CS No.305 of 2008 has already been disposed of as withdrawn, this CMP has become infructuous.
6. Mr. Mishra, learned Additional Government advocate submits that this CMP has become infructuous, in view of the facts and circumstances, stated by learned counsel for the parties.
7. In view of the above, this CMP is disposed of as infructuous.
8. Interim order dated 19th January, 2023 passed in IA No.1403 of 2022 stands vacated.
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