Dr. Pranati Misra vs Dr. Debasis Misra
2023 Latest Caselaw 2765 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                            MATA No. 183 of 2022
Dr. Pranati Misra                      .....                             Appellant
                                                             Mr. S.K. Mishra, Adv.
                                       Vs.
Dr. Debasis Misra                      .....                           Respondent
                                                             Mr. P.P. Parida, Adv.
            CORAM:
                        JUSTICE S.TALAPATRA
                       JUSTICE SAVITRI RATHO

                                            ORDER

04.04.2023 Order No.

09. I.A. No. 211 of 2022

1. This matter is taken up through hybrid mode.

2. Heard Mr. S.K. Mishra, learned counsel for the Applicant and

also Mr. P.P. Parida, learned counsel for the Opposite Party.

3. This is an application for condoning the delay of 26 days in

preferring the appeal against the judgment dated 21.05.2022

delivered in Civil Proceeding No. 150 of 2018 by the Judge, Family

Court, Bhubaneswar.

4. We have perused the causes as assigned for explaining the

delay. We have also heard Mr. Parida, learned counsel appearing for

the Opposite Party, who has objected by stating that the delay has

not been properly explained.

5. On appreciation of the rival contentions, we are of the

considered view that the Applicant (the Appellant in MATA No. 183

of 2022) has made out a case for condoning the delay as

aforementioned.

6. Accordingly, the delay is condoned and this I.A. stands

allowed.

(S.Talapatra) Judge

(Savitri Ratho) Judge

MATA No. 183 of 2022

10. 1. Heard Mr. S.K. Mishra, learned counsel appearing for the

Appellant.

2. Admit.

3. Call for LCRs, scanned or photocopies.

4. Issue notice.

5. Notice is made returnable on 10.05.2023.

6. Since Mr. P.P. Parida, learned counsel appears and accepts

notice for the sole Respondent, no formal notice is called for.

7. Meanwhile, the Registry shall procure the LCRs.

8. It has been stated by Mr. Mishra, learned counsel that during

pendency of this appeal, the matrimonial suit, instituted by the

Respondent, has been decreed. Against the said judgment, an appeal

being MATA No. 48 of 2023 has been preferred and it is pending in

this Court for consideration.

9. On the next date, the said appeal being MATA No. 48 of 2023

shall be listed along with this Appeal.

(S.Talapatra) Judge

(Savitri Ratho) Judge Sukanta