Swapnarani Rout vs Saroj @ Sarojkanta Rout
2022 Latest Caselaw 3875 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         MATA No. 3 of 2021
            Swapnarani Rout                 ........               Appellant
                                                     Mr. A. Mishra, Advocate
                                -versus-
            Saroj @ Sarojkanta Rout         ......              Respondent
                                                          Mr. B. Rout, AGA

                        CORAM:
                        JUSTICE S. TALAPATRA
                        JUSTICE M.S. SAHOO
                                ORDER

10.08.2022

I.A. No.06 of 2021 Order No.

04. 1. This matter is taken up through hybrid mode.

2. This is an application for condonation of delay under Section 5 of the Limitation Act in filing the appeal under Section 19(1) of the Family Courts Act, 1984 from the judgment dated 26.09.2019 delivered in C.P. No.972 of 2014 by the Judge, Family Court, Kendrapara.

3. Mr. A. Mishra, learned counsel appearing for the Appellant has submitted that the calculation, as made by the Stamp Reporter of this Court is erroneous. The delay would be about 60 days instead of 373 days, as calculated by the Stamp Reporter. Mr. Mishra, learned counsel has further submitted that, the judgment was passed on 26.09.2019 and according to Section 19, the appeal ought to have been filed before this

Court within 30 days from the date of the judgment, but, could not be filed for the reasons, as provided in this petition. If the statement of Mr. Mishra, learned counsel is taken, literally there is delay of about 120 days, even after consideration of the general condonation, as made by the Apex Court in Re.cognizance for Extension of Limitation vide order dated 10.01.2022.

4. Mr. B. Rout, learned counsel appearing for the Respondent has stated that there is no explanation for such delay. It is a petition, full of general or unspecified statements, relating to the causes and hence, this Court should not condone the delay.

5. We have perused the above mentioned petition and spirit of cognizance for Extension of Limitation. That apart, the appeal is from the judgment emerging out of the matrimonial suit. Hence, we intend to condone the delay. Accordingly, the delay stands condoned.

6. In the result, the application stands allowed and disposed of.

(S. Talapatra) Judge

(M.S. Sahoo) Judge

MATA No.3 of 2021 Order No.

05. 1. Heard Mr. A. Mishra, learned counsel appearing for the Appellant.

2. Admit.

3. Call for LCRs, scanned or photocopies.

4. Issue notice. Since Mr. B. Rout, learned counsel has entered in the appearance for the sole Respondent, no formal notice is called for.

5. A copy of the memorandum of appeal with all enclosures be supplied to Mr. Rout, learned counsel appearing for the Respondent by tomorrow (11.08.2022).

6. Let the matter be listed on 14th September, 2022. Meanwhile, the Registry shall procure the LCRs from the Court below.

(S. Talapatra) Judge [

(M.S. Sahoo) Judge Murmu