Manoranjan Raj vs Tapaswini Mohanty
2023 Latest Caselaw 4597 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 RPFAM No. 339 OF 2017
                 Manoranjan Raj                            ....        Petitioner
                                                    Mr. Bikas Karna, Advocate
                                         on behalf of Mr. A.Pattnaik, Advocate
                                            -versus-
                 Tapaswini Mohanty                         ....       Opp. Party

                            CORAM:
                           JUSTICE K.R. MOHAPATRA
                                        ORDER

Order No. 27.04.2023

IA No.179 of 2021 & RPFAM No. 339 of 2017

4. 1. This matter is taken up through Hybrid mode.

2. Mr. Karna, learned counsel on behalf of Mr. Pattnaik, learned counsel for the Petitioner prays for an adjournment.

3. Judgment dated 5th August, 2017 passed in Criminal Proceeding No.84 of 2014 by learned Judge, Family Court, Bhubaneswar is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance of Rs.2,400/- per month to the Opposite Party from the date of filing of the application, i.e., 8th August, 2014.

4. There is delay of 44 days in fling the RPFAM. Although the matter was listed on 21st September, 2021 and 26th October, 2021, the same was adjourned on the prayer of learned counsel for the Petitioner. RPFAM was filed on 20th December, 2017 and as yet no step has been taken for issuance of notice in the matter of limitation. In that view of the matter, I am not inclined to entertain the prayer for further adjournment.

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5. In view of the above, the IA No.179 of 2021 filed for condonation of delay is dismissed. Consequentially, the RPFAM is dismissed being barred by limitation.

(K.R. Mohapatra) Judge

s.s.satapathy