Sarada Prasad Kar vs Iti Satpathy @ Kar
2022 Latest Caselaw 3388 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               MATA No.43 of 2018

     Sarada Prasad Kar                      .........             Appellant
                                                     Mr. Susanta Kumar Dash, Adv.
                                      -Versus-

     Iti Satpathy @ Kar                     ..........            Respondent
                                                      Mrs. Saswata Patnaik, Adv.


                                      CORAM:

                                      JUSTICE S. TALAPATRA
                                      JUSTICE M.S. SAHOO

                                        M.C. No.41 of 2018

                                            ORDER

21.07.2022 Order No.

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

2. Heard Mr. P. Das, learned counsel appearing on instruction of Mr. S.K. Dash, learned counsel for the appellant.

3. This is an application under Section-5 of the Limitation Act for condoning the delay of 14 days as per the report of the Stamp Reporter in filing the appeal under Section-19(1) of the Family Court Act, 1984 from the Judgment dated 28.11.2017 delivered in C.P. No.955 of 2011 as renumbered as C.P. No.601 of 2013 by the Judge, Family Court, Kendrapara.

4. Mrs. Patnaik, learned counsel appearing for the respondent has not projected any objection so far as condoning the delay is concerned.

5. In view of this and on perusal of the causes assigned in the petition, we are satisfied that the appellant has made out a good case for condoning the delay.

6. Accordingly, the delay is condoned.

7. In the result, this Misc. Case is allowed and disposed of.

(S. Talapatra) Judge

(M.S. Sahoo) Judge

MATA No.43 of 2018

05. 1. In view of the order passed today in Misc. Case No.41 of 2018, we take up this appeal for consideration.

2. Heard Mr. P. Das, learned counsel appearing on instruction of S.K. Das, learned counsel for the appellant.

3. Admit.

4. Call for LCRs. scanned or photocopies.

5. Issue notice.

6. Since Mrs. Saswata Patnaik, learned counsel appears for the respondent, no formal notice is called for.

7. The Registry is directed to list this matter again after receipt of LCRs for passing appropriate order.

8. A copy of the Memorandum of Appeal with all enclosures be furnished to Mrs. Saswata Patnaik, learned counsel for the appellant by tomorrow.

9. It may be noted that, the challenge is only confined to the determination of alimony. In further, this appeal be listed along with MATA No.32 of 2018.

(S. Talapatra) Judge

(M.S. Sahoo) Judge

Subhasis