Pratyusha Mohanty vs Ashish Kumar Mohapatra
2023 Latest Caselaw 3772 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         MATA No. 246 of 2022
            Pratyusha Mohanty                  ........            Appellant
                                                    Mr. B. Pasayat, Advocate
                                   -versus-
            Ashish Kumar Mohapatra             ......            Respondent
                                                    Mr. A.P. Bose, Advocate

                         CORAM:
                         JUSTICE S. TALAPATRA
                         JUSTICE SAVITRI RATHO
                                   ORDER

19.04.2023

I.A. No.287 of 2022 Order No.

05. 1. This matter is taken up through hybrid mode.

2. Heard Mr. B. Pasayat, learned counsel appearing for the applicant and also Mr. A.P. Bose, learned counsel who has entered in the appearance for the Opposite Party.

3. This is an application under Section 5 of the Limitation Act for condoning the delay of 152 days in preferring the appeal from the judgment dated 25.03.2022, delivered in Civil Proceeding No.1054 of 2016 by the Judge, Family Court, Bhubaneswar.

4. Mr. Bose, learned counsel has at the outset submitted that the Opposite Party will not oppose the prayer for condonation of delay, as there is hope of amicable settlement of marital discord.

5. We have perused the explanation assigned by the applicant. On a cumulative reading of explanations, we are satisfied that the applicant has made out a case for condoning the delay. Accordingly, the aforementioned delay stands condoned.

6. In the result, this application is allowed and disposed of.

(S. Talapatra) Judge

(Savitri Ratho) Judge

MATA No.246 of 2022 Order No.

06. 1. In view of the order passed today in I.A. No.287 of 2022, this appeal is taken up for consideration.

2. Heard Mr. B. Pasayat, learned counsel appearing for the Appellant.

3. Admit.

4. Call for LCRs, scanned or photocopies.

5. Issue notice. Notice is made returnable on 30th June, 2023.

6. Since Mr. A.P. Bose, learned counsel has appeared for the Respondent, no formal notice is called for. However, Mr. Pasayat, learned counsel for the Appellant shall supply a copy of the memorandum of appeal along with all enclosures to Mr. Bose, learned counsel in the course of the day.

7. Registry is directed to procure the LCRs in the meanwhile.

(S. Talapatra) Judge

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(Savitri Ratho) Judge

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