Kamalakanta Muduli vs Sujata Behera @ Muduli
2023 Latest Caselaw 4486 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    RPFAM No. 341 OF 2017
                      Kamalakanta Muduli               ....                   Petitioner
                                                                                 None
                                                  -versus-
                      Sujata Behera @ Muduli                       ....    Opp. Party


                             CORAM:
                             JUSTICE K.R. MOHAPATRA
                                              ORDER

     Order No.                               26.04.2023
        3.       1.        This matter is taken up through hybrid mode.

2. None appears for the Petitioner at the time of call.

3. Judgment dated 17th April, 2017 passed by learned Judge, Family Court, Balasore in Cr.P. No.82 of 2015 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance of Rs.2,000/- per month to the Opposite Party from the date of filing of the application, i.e., from 19th March, 2015.

4. Although the matter was listed on 21st September, 2021, but none appeared on behalf of the Petitioner to pursue the matter. Today also none appears for the Petitioner at the time of call.

5. S.R. has pointed out one hundred fifty nine days delay in filing the RPFAM. Although Misc. Case No.471 of 2017 was filed for condonation of delay, but no step has yet been taken to list the matter for issuance of notice to the Opposite Party in the limitation matter.

6. In view of the above, this Court feels that the Petitioner has lost interest in pursuing the matter.

7. Accordingly, Misc. Case No.471 of 2017 filed for condonation of delay is dismissed. Consequently, the RPFAM stands dismissed being barred by limitation.

                                                     (K.R. Mohapatra)
ms                                                         Judge