Golekha Chandra Mallik vs Mamata Mallick
2022 Latest Caselaw 7294 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             MATA No.206 of 2022

         Golekha Chandra Mallik         .... .....                  Appellant
                                                             Ms. R. Rajgarhia, Adv.
                                          -Versus-

         Mamata Mallick                 ............                     Respondent
                                                                Mr. B. Rout, Adv.
                                        CORAM:
                                        JUSTICE S. TALAPATRA
                                        JUSTICE SAVITRI RATHO
                                              ORDER

12.12.2022 Order No. I.A. No.244 of 2022

02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard Ms. R. Rajgarhia, learned counsel appearing for the applicant as well as Mr. B. Rout, learned counsel appearing for the Opposite Party.

3. This is an application under Section 5 of the Limitation Act for condoning the delay of 55 days in filing the appeal against the Judgment dated 07.05.2022 delivered in Civil Proceeding No.20 of 2019 by the Judge, Family Court, Kendrapara.

4. Mr. Rout, learned counsel has fairly submitted that the Opposite Party will not oppose the prayer for condoning the delay. But, the Opposite Party will press before this court for taking up this matter for hearing at the earliest possible time.

5. Having perused the causes assigned for explaining the delay as well as on considering the concession as extended by the Opposite Party, we think it will be appropriate to condone the delay. Accordingly, the delay stands condoned.

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

                                                           (S. Talapatra)
                                                              Judge



                                                          (Savitri Ratho)
                                                             Judge



Order No.                           MATA No.206 of 2022
   03.      1.      In view of the order passed today in I.A. No.244 of 2022, this

matter is taken up for consideration.

2. Heard Ms. R. Rajgarhia, learned counsel appearing for the

appellant.

3. Admit.

4. Call for LCRs, scanned or photocopies.

5. Issue notice.

6. Notice is made returnable on 02.02.2023.

7. Since Mr. B. Rout, learned counsel appears and waives notice

for the respondent, no formal notice is called for but Ms. Rajgarhia,

learned counsel shall supply a copy of the memorandum of appeal

with all enclosures to Mr. Rout, learned counsel in the course of the

day.

8. Registry is directed to procure the LCRs by the next date so

that the appeal can be heard on that date.

(S. Talapatra) Judge

(Savitri Ratho) Judge Rati Ranjan