Sri Prem Shankar Nanda @ Prem vs Smt. Bharati Nanda @ Tripathy
2023 Latest Caselaw 2688 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                         MATA No.238 of 2022

Sri Prem Shankar Nanda @ Prem              .....                             Appellant
Nanda                                                          Mr.Md.Fayaz, Advocate
                                           Vs.
Smt. Bharati Nanda @ Tripathy              .....                            Respondent
                                                              Mr.A.K.Mishra, Advocate
            CORAM:
                         JUSTICE S.TALAPATRA
                        JUSTICE SAVITRI RATHO

                                                  ORDER

03.04.2023 Order No. I.A. No.275 of 2022

05.

1. This matter is taken up through hybrid mode.

2. Heard Mr.Md.Fayaz, learned counsel appearing for the applicant and also Mr.A.K.Mishra, learned counsel appearing for the opposite party.

3. This is an application under Section 5 of the Limitation Act for condonation of delay of 34 days in filing the appeal under Section 19 (1) of the Family Courts Act from the judgment dated 11.07.2022 delivered in Mat C.S. No.219/2015 (C.P. No.13 of 2019) by the Judge, Family Court, Sonepur.

4. Mr. A.K.Mishra, learned counsel appearing for the opposite party has submitted that the opposite party will not oppose the prayer for condonation of delay.

5. We have perused the application explaining the delay and taken note of the concession given by the learned counsel for and on behalf of the opposite party.

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6. We are of the view that the delay has been explained well and is required to be condoned.

7. In the result, the interlocutory application stands allowed and disposed of.

(S.Talapatra) Judge

(Savitri Ratho) Judge

MATA No.237 of 2022

06. 1. In view of the order passed today in I.A. No.275 of 2022, this appeal is taken up for consideration.

2. Heard Mr.Md.Fayaz, learned counsel appearing for the applicant and also Mr.A.K.Mishra, learned counsel appearing for the opposite party.

3. Admit.

4. Call for the L.C.Rs, scanned or photocopy.

5. Issue notice.

6. Since Mr.A.K.Mishra, learned counsel has entered in appearance for the opposite party, no formal notice is called for.

7. Learned counsel for the applicant is directed to furnish a copy of the Memorandum of Appeal with all enclosures by tomorrow (04.04.2023).

8. Let the matter be listed on 10.05.2023.

                                                             (S.Talapatra)
Bichi                                                            Judge


                                                                 (Savitri Ratho)
                                                                      Judge

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