Sripada Suar vs Debadutta Tripathy
2022 Latest Caselaw 7547 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    MATA No.194 of 2022
     Sripada Suar                         .........            Appellant
                                               Mr. Gopinath Mishra, Advocate

                                      -Versus-

     Debadutta Tripathy                          .........           Respondent
                                                         Mr. L.K. Maharana, Advocate

                                      CORAM:

                                      JUSTICE S. TALAPATRA
                                      JUSTICE SAVITRI RATHO

                                            ORDER

19.12.2022

I.A. No.224 of 2022 Order Nos.

02. 1. This matter is taken up through Hybrid Mode.

2. Heard Mr. G.N. Mishra, learned counsel for the Applicant.

This is an application under Section-5 of the Limitation Act for

condoning the delay of 22 days.

3. Mr. Mishra, learned counsel, having appeared for the

appellant, has stated that the appellant did not have the knowledge of

the ex parte judgment and decree dated 18.05.2022 for a substantive

time. Besides that, the delay is totally unintentional.

4. Mr. L.K. Maharana, learned counsel appearing for the

respondent has fairly submitted that the respondent will not oppose

the prayer for condonation of delay.

5. Accordingly, the delay as aforementioned stands condoned.

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

(S. Talapatra) Judge

(Savitri Ratho) Judge

MATA No.194 of 2022

03. 1. This matter is taken up through Hybrid Mode.

2. Heard Mr. G.N. Mishra, learned counsel appearing for the

appellant.

3. Admit.

4. Call for LCRs, scanned or photocopies.

5. Issue notice.

6. Since Mr. L.K. Maharana, learned counsel has entered

appearance for the respondent, no formal notice is called for.

7. Mr. Mishra, learned counsel for the appellant is requested to

furnish a copy of the memorandum of appeal with all enclosures to

Mr. Maharana, learned counsel for the respondent in the course of the

day.

8. The Registry is directed to procure the records by the next

date.

9. Let the matter be listed on 20.01.2023.

(S. Talapatra) Judge

(Savitri Ratho) Judge

Subhasis