MATA/63/2016
2021 Latest Caselaw 983 Ori

                                     MATA No.63 of 2016




07.   28.01.2021           This matter is taken up through Video Conferencing
                   mode.
                           Mr.   Sudarsan   Behera,   learned   counsel   for   the
                   petitioner appearing through virtual mode is unable to satisfy
                   us that the MATA is maintainable against the judgment and
                   decree passed by the Civil Judge (Senior Division), Koraput.
                           Be that as it may, it is stated by Mr. D. R. Bhokta,
                   learned counsel for the Respondent-wife that she had
                   challenged this judgment of the Civil Judge (Senior Division),
                   Koraput in Civil Suit (M.A.T) No.50 of 2012 & CMA No.2 of
                   2016 before the District Judge, Koraput and same has been
                   partly allowed and the appellant had contested the appeal
                   and he has filed MATA No.38 of 2018 in this Court
                   challenging the judgment of the Appellate Court.
                           In view of the above facts this appeal is allowed to be
                   withdrawn with a liberty to the appellant to file appeal before
                   the appropriate court having jurisdiction, if so advised.
                           The certified copy of the impugned judgment be
                   returned to the appellant or his counsel, who may file
      Prasant
                   application before the appropriate forum under Section 14 of
                   the Limitation Act.
                           With such observation, the MATA is disposed of.



                                                         ..............................
                                                           S.K.Mishra, J.

............................. Savitri Ratho, J. //2// //3//