This appeal is directed against order dated 07.08.2003 passed by the learned Civil Jud
ge (Senior Division), 1st Court, Cuttack in Misc. Case No.217 of 2002 arising out of T.S. No.2
00 of 2002 .
2. The suit has been filed for declaration that the sale deed executed by one Basanti Dev
i, the mother of plaintiff/appellant in favour of the defendant/respondent as void and for oth
er consequential reliefs. Along with the suit, he had filed the aforesaid Misc. Case under Ord
er 39 Rules 1 and 2, CPC with a prayer not to demolish any portion of the suit house and not t
o interfere with the possession of the plaintiff in any manner over the suit land. The said Mi
sc. Case was dismissed, against which this appeal is filed.
3. While issuing notice in the matter, this Court vide order dated 15.10.2003, as an inte
rim measure, directed that status quo with regard to suit property shall be maintained till th
e next date.
4. Respondent had filed Misc. Case No.68 of 2004 for vacation of the said order, which wa
s rejected vide order dated 28.05.2004. Thus, the interim order is continuing till date.
5. Heard learned counsel for the appellant. None appears for the respondent when the matt
er is called. The suit is of the year 2002 and is pending till date as submitted by learned co
unsel for the appellant.
6. Taking into consideration the submission made, this Court, in the interest of justice,
directs that the suit, i.e., T.S. No.200 of 2002 pending before the Civil Judge (Senior Divis
ion) 1st Court, Cuttack, shall be disposed as
