Saroj Kumar Das vs Kalpana Biswal
2022 Latest Caselaw 4245 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P.(C) No. 21746 OF 2022
                 Saroj Kumar Das                             ....       Petitioner
                                                       Ms. N. Afreen, Advocate
                                            -versus-
                 Kalpana Biswal                             ....     Opp. Party


                      CORAM:
                     JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             26.08.2022
    01.     1.      This matter is taken up through hybrid mode.

2. The Petitioner in this writ petition seeks for a direction to set aside the order dated 18th May, 2022 passed by learned Judge, Family Court, Jagatsinghpur in C.P. No.24 of 2016, whereby he directed the Opposite Party to file calculation sheets.

3. It is submitted by Ms. Afreen, learned counsel for the Petitioner that the argument in the matter was closed on 27th April, 2022 and the matter was posted for delivery of judgment on 10th May, 2022. On that date, the present Petitioner filed an application to produce certain documents and for further argument basing upon such documents. Said application was allowed and the matter was adjourned to 18th May, 2022 for further argument. On that date, learned Judge, Family Court, Jagatsinghpur without hearing the argument, directed the Opposite Party to file calculation sheets. She further submits that in view of said order, the matter is unnecessarily lingering and for which the Petitioner is highly prejudiced. She, therefore, prays for setting aside the impugned order and also for a

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direction to dispose of C.P. No.24 of 2016 within a stipulated time.

4. On perusal of the order sheet, it appears that the matter was posted to 27th April, 2022 for argument. Upon hearing the argument from both the sides, learned Judge, Family Court, Jagatsinghpur posted the matter to 10th May, 2022 for judgment. On that date, on a petition filed by the present Petitioner, the matter was posted to 18th May, 2022 for further argument. Thus, it appears that the matter is being delayed at the instance of the Petitioner himself. Hence, he cannot take any exception to the order dated 18th May, 2022, which is impugned herein. Thus, I am not inclined to entertain this writ petition.

5. Accordingly, the writ petition being devoid of any merit stands dismissed.

(K.R. Mohapatra) Judge ms