Kabuli @ Anjan Ku. Sahu vs Rani @ Kamala Sahoo
2022 Latest Caselaw 6256 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MATA No.93 of 2019

         Kabuli @ Anjan Ku. Sahu       .... .....                        Appellant
                                                                    Mr. D.K. Panda, Adv.
                                            -Versus-
         Rani @ Kamala Sahoo                ..........                  Respondent
                                                               Mr. K.K. Mohanta, Adv.
                                        CORAM:
                                        JUSTICE S. TALAPATRA
                                        JUSTICE SAVITRI RATHO
                                              ORDER

02.11.2022 I.A. No.138 of 2019 Order No.

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

2. This is an application for condoning the delay of 53 days (as per the report of the Stamp Reporter) in filing the appeal under Section 19 (1) of the Family Courts Act, 1984 from the Judgment dated 08.03.2019 delivered in Civil Proceeding No.157 of 2015 by the Judge, Family Court, Jajpur, District- Jajpur.

3. The applicant has simply stated that if the delay that has occurred in filing the appeal is not condoned, he will suffer serious prejudice, as the grounds in the memorandum of appeal are good grounds and the applicant is confident of securing the reversal of the Judgment.

4. Though the delay is not sufficiently explained but having regard to the substantive ends of justice, we intend to take liberal approach in this case.

5. Accordingly, the aforementioned delay stands condoned. Resultantly, this interlocutory application stands allowed and disposed of.

(S. Talapatra) Judge

(Savitri Ratho) Judge MATA No.93 of 2019 Order No.

04. 1. Heard Mr. D.K. Panda, learned counsel appearing for the applicant.

2. Admit.

3. Call for LCRs, scanned or photocopies.

4. Issue notice.

5. Since, Mr. K.K. Mohanta, learned counsel appears and waives notice for the respondent, no formal notice is called for.

6. Mr. Panda, learned counsel shall supply a memorandum of appeal with all enclosures to Mr. Mohanta, learned counsel by 4.11.2022.

7. Registry shall procure the LCRs by the next date.

8. Let the matter be listed on 16.12.2022.

(S. Talapatra) Judge

(Savitri Ratho) Judge Rati Ranjan