R. Jagannath Reddy vs N. Jayalalitha
2022 Latest Caselaw 7608 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 MATA No.9 of 2022

     R. Jagannath Reddy                     .........                  Appellant
                                                              Mr. R.N. Rout, Adv.

                                        -Versus-


     N. Jayalalitha                       ..........                  Respondent
                                                      Mr. Shanti Ranjan Behera, Adv.
                                      CORAM:
                                      JUSTICE S. TALAPATRA
                                      JUSTICE SAVITRI RATHO

                                            ORDER

21.12.2022 I.A. No.10 of 2022 Order No.

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

2. Heard Mr. R.N. Rout, learned counsel appearing for the applicant as well as Mr. Shanti Ranjan Behera, learned counsel along with Mr. S.J. Nayak, learned counsel appearing for the Opposite Party.

3. According to the Stamp Reporter, there is delay of 222 days in filing of the appeal against the Judgment dated 11.03.2019 delivered in Civil Proceeding No.147/2018 by the Judge, Family Court, Berhampur, Ganjam.

4. The applicant has made a serious attempt to explain the delay but Mr. Behera, learned counsel appearing for the Opposite Party has submitted that the appellant should be directed to pay the 50% of the permanent alimony as ascertained by the Judge, Family Court,

Berhampur, Ganjam, as a condition precedent for condoning the delay.

5. We find this a reasonable proposition and nothing to impede the process of justice. Hence, we condone the aforementioned delay, subject to deposit of a sum of Rs.3.5 lakhs within a period of 30 days from today by the appellant.

6. Subject to the condition as noted above, the delay stands condoned.

7. In the result, this Interlocutory Application stands disposed of.

(S. Talapatra) Judge

(Savitri Ratho) Judge

MATA No.9 of 2022 Order No.

09. 1. In terms of the order passed today in I.A. No.10 of 2022, list this appeal on expiry of 30 days with a note whether the said sum, as reflected in the order passed today in the connected Interlocutory Application, has been deposited within the period as stipulated or not.

2. List the matter for verification on 08.02.2023.

                                                                     (S. Talapatra)
                                                                         Judge


                                                                      (Savitri Ratho)
      Rati Ranjan                                                        Judge