Shakti Prasad Mishra vs Upasana Panda
2023 Latest Caselaw 299 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MATA No.244 of 2022
     Shakti Prasad Mishra                 .........            Appellant
                                                    Mr. S.P. Dash, Advocate
                                    -Versus-
     Upasana Panda                   ........                 Respondent

                                      CORAM:

                                      JUSTICE S. TALAPATRA
                                      JUSTICE SAVITRI RATHO

                                             ORDER

09.01.2023 I.A. No.284 of 2022 Order Nos.

02. 1. This matter is taken up through Hybrid Mode.

2. Heard Mr. S.P. Dash, learned counsel appearing for the

appellant.

3. As per the Stamp Reporter's report, there is no delay.

Notwithstanding that, the appellant has filed this application for

condoning the delay of 60 days.

4. According to us, the Stamp Reporter's report is based on a

decision of this Court where, it has been held that even in the case of

an appeal from the Court of the Judge, Family Court, 90 days will be

the period of limitation for preferring the appeal.

5. Be that as it may, that judgment still is in force.

6. In our considered opinion, we should also hold that there is no

delay.

7. In view of the above observation, this application stands

disposed of.

(S. Talapatra) Judge

(Savitri Ratho) Judge MATA No.244 of 2022

03. 1. Heard Mr. S.P. Dash, learned counsel appearing for the

appellant.

2. In view of the order passed in I.A. No.284 of 2022, this appeal

is taken up for consideration.

3. Admit.

4. Call for LCRs, scanned or photocopies.

5. Issue notice.

6. Notice is made returnable on 21.02.2023.

7. Steps for service of notice on the respondent shall be taken

within 13.01.2023 by Registered Post with A.D.

8. The Registry is directed to procure the LCRs by the returnable

date.

                                                              (S. Talapatra)
                                                                  Judge


                                                              (Savitri Ratho)
      Subhasis                                                    Judge