Biswanath Mohapatra And Another vs State Of Odisha And Another
2022 Latest Caselaw 5451 Ori

                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      CRLMC No. 2759 of 2022

            Biswanath Mohapatra and another                 ....              Petitioners
                                                         Mr. Subrata Mishra, Advocate


                                              -Versus-


            State of Odisha and another                   ....      Opposite Parties
                                                 Mr. S,S, Mohapatra, ASC, OP No.1
                                                               None for OP No.2

                          CORAM:
                          MR. JUSTICE R.K. PATTANAIK

                                             ORDER

12.10.2022 Order No.

01. 1. Heard learned counsel for the petitioners.

2. Admit.

3. Issue notice.

4. Mr. S.S.Mohapatra, learned Additional Standing Counsel for State accepts notice on behalf of opposite party No.1.

5. Notice be issued to opposite party No.2 by Registered Post with A.D. returnable at an early date. Requisites for the above purpose shall be filed by the petitioners within a week from today positively.

6. List this matter on 10th November, 2022 for appearance of opposite party No.2

(R.K. Pattanaik) Judge I.A. No.2161 of 2022

02. 1. Issue notice as above.

2. Learned counsel for the petitioners submits that opposite party No.2 is not entitled to the relief sought for as it is not in respect of a shared household property so defined in Section 2(s) of the Protection of Women from Domestic Violence Act, 2005 and in that regard, he cites a judgment of the Apex Court in the case of S.R.Batra and Ors. Vrs. Taruna Batra reported in AIR 2007 SC 1118. However, the Court is not inclined to pass any interim order in absence of the opposite party No.2.

3. List this matter on the date fixed.

(R.K. Pattanaik) Judge U.K.Sahoo