Sri Abinash Gouda vs Smt. Upasana Narendra
2023 Latest Caselaw 15888 Ori

Orissa High Court

Sri Abinash Gouda vs Smt. Upasana Narendra on 11 December, 2023

Author: Arindam Sinha

Bench: Arindam Sinha

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                MATA No. 328 of 2023


            Sri Abinash Gouda                     ....              Appellant


                                      Mr. Ajaya Kumar Nayak, Advocate

                                      -versus-

            Smt. Upasana Narendra                 ....         Respondent




                     CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SIBO SANKAR MISHRA


                                      ORDER

11.12.2023

MATA no.328 of 2023 and I.A. no.448 of 2023 Order No.

01. 1. Mr. Nayak, learned advocate appears on behalf of

applicant/appellant-husband. He submits, his client is aggrieved by

impugned judgment 17th April, 2023, whereby the family Court

granted exorbitant permanent alimony. His client had earlier filed

appeal (MATA no.235 of 2023), which was in time but coordinate

Bench prevailed upon him to withdraw the appeal, thereupon apply for

// 2 //

certified copy of the depositions and them file fresh appeal. In doing

so this appeal has been reported to be delayed by 73 days.

2. The appellate Court can call for the lower Court record. Hence,

the delay has happened because Court required appellant to obtain the

depositions and come back with fresh appeal. As such, the cause for

the delay cannot be attributed to appellant. In the circumstances, we

are not inclined to issue notice on the application but condone the

delay and admit the appeal. The application is disposed of.

3. Appellant will put in requisites for issuance of notice of appeal

by registered/speed post with AD. Lower Court record be called for.

4. List on 8th January, 2024.

(Arindam Sinha) Judge

(S.S. Mishra) Judge Sks

Designation: PERSONAL ASSISTANT