This Interim Application Has Been ... vs Unknown
2021 Latest Caselaw 4551 Ori

                                   MATA No. 20 of 2019




03.    05.04.2021                 I.A. No. 46 of 2021
                                  This   interim     application    has   been    filed   for
                    condonation of delay.
                                  Heard learned counsel for the parties.
                                  Learned counsel for the appellant submits that the
                    appellant is a man of Jharkhand and since he could not be able
                    to know the date fixed he could not appear and an ex parte
                    judgment dated 27.07.2017 was passed by the learned Judge,
                    Family Court, Rourkela in Civil Proceeding No. 21 of 2013
                    directing the petitioner to pay a sum of Rs.7000/- and Rs.3000/-
                    to the present respondents. When a notice was received by him
                    in Execution Case No. 05 of 2018, he could come to know about
                    the ex-parte judgment and as such the delay occurred in filing
                    the appeal.
                                  Considering      the   submission   made   by     learned
                    counsel for the parties and after going through the cause shown
                    in this interim application, the delay in filing the appeal is
                    condoned, subject to payment of cost of Rs.10,000/- (rupees ten
                    thousand) to the respondents, which shall be deposited before
                    the learned Judge, Family Court, Rourkela in connection with
                    Civil Proceeding No. 21 of 2013, on or before 16.04.2021.
                                  The I.A. is accordingly disposed of.




                                                                   ..........................
                                                                    S. Panda, J.

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Arun                                                            S.K.Panigrahi, J.

                                                                                  ...Contd.





04.   05.04.2021               MATA No. 20 of 2019

A copy of the appeal memo be served on learned counsel for the respondent by tomorrow (06.04.2021).

Put up this matter on 10.05.2021.

As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with the certified copy in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020.

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S. Panda, J.

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S.K.Panigrahi, J.