Soudamani Polei & Ors vs State Of Orissa & Anr
2021 Latest Caselaw 12163 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK


                      TRPCRL No.15 OF 2014

Soudamani Polei & Ors.                       .....                   Petitioners

                                                            Mr. Sidhartha Das,
                                                                     Advocate
                                     Vs.
State of Orissa & Anr.                       .....            Opposite parties




            CORAM:
                DR. JUSTICE B.R. SARANGI

                                             ORDER

25.11.2021

Order No. This matter is taken up through hybrid mode.

2. Heard Mr. S. Das, learned counsel for the petitioners and Mr. J.P. Patnaik, learned Government Advocate.

3. The petitioners have filed this application seeking transfer of G.R. Case No. 413 of 2012 pending in the court of learned S.D.J.M., Koraput to the court of learned S.D.J.M., Panposh.

4. Mr. S. Das, learned counsel for the petitioners contended that the petitioners are the in-laws of opposite party no.2 and all the cause of actions have arisen at Rourkela. Therefore, G.R. Case No.413 of 2012, which is pending in the court of learned S.D.J.M., Koraput may be transferred to the court of learned S.D.J.M., Panposh. It is further contended that the husband of opposite party no.2 has died and petitioner no.1, the mother-in-law has also died in the meantime. Only petitioners no.2 and 3 are still surviving. They want opposite party no.2 should come and participate in the proceeding of G.R. Case No.413 of 2012.

5. Mr. J.P. Patnaik, learned Government Advocate contended that since it is G.R. Case, the said case should be tried where it has been instituted and in the matrimonial matter since the husband is expired in the event it is transferred from Koraput to Panposh, it will cause prejudice to opposite party no.2, who is staying at Koraput. More so, the mother-in-law has expired and father-in-law and brother- in-law are pursuing the matter by filing this application seeking transfer of G.R. Case No.413 of 2012 from the court of learned S.D.J.M., Koraput to the court of learned S.D.J.M., Panposh. Therefore, transfer of the said case should not be permitted.

6. Considering the contentions raised by learned counsel for the parties and after going through the records, it appears that this application was filed on 14.03.2014 and this Court while issuing notice on 20.03.2014, passed interim order directing that further proceeding of G.R. Case No.413 of 2012 pending before the learned S.D.J.M., Koraput shall remain stayed till the next date. Thereafter the matter has not been listed and consequence thereof, the proceeding in G.R. Case No.413 of 2012 has been stalled. In view of judgment of the apex Court, after expiry of six months period, if the interim order is not extended, it will automatically stands vacated.

7. In view of such position, since the interim order dated 20.03.2014 is no more in existence in view of the judgment of the apex Court, the reasons for transfer of G.R. Case No. 413 of 2012, which is pending in the court of learned S.D.J.M., Koraput to the court of learned S.D.J.M., Panposh cannot have any justification, as opposite party no.2 is residing at Koraput and her husband has died and the petitioners are her in-laws, who are trying to pursue the matter and causing harassment to her. Therefore, this Court is not inclined to entertain this application. Accordingly, the same is dismissed.

Alok (DR. B.R. SARANGI, J.)