Sk. Aminuddin vs Sahin Bilkish Parwin And Others
2023 Latest Caselaw 562 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 RPFAM No. 104 OF 2011
                 Sk. Aminuddin                           ....       Petitioner
                                                    Mr. A. Mishra, Advocate
                                        on behalf of Mr. D. Nayak, Advocate
                                          -versus-
                 Sahin Bilkish Parwin and others         ....    Opp. Parties


                      CORAM:
                      JUSTICE K.R. MOHAPATRA
                                      ORDER

Order No.                            17.01.2023
   6.       1.      This matter is taken up through hybrid mode.

2. This RPFAM has been filed assailing the judgment and order dated 5th November, 2009 (Annexure-1) passed by learned Judicial Magistrate First Class, Bhubaneswar in Execution Case in C.M.C. No.29 of 2009, whereby the Petitioner has been directed to pay maintenance @ Rs.500/- per month to Opposite Party No.1 and Rs.300/- per month each to the Opposite Party Nos.2 to 4 from the date of application i.e. from 15th January, 2009.

3. On perusal of the case record, it appears that there is a delay of one year and two hundred twenty two days in filing the RPFAM, as pointed out by the S.R.. Although notices in the limitation matter were directed to be issued vide order dated 24th November, 2011, but due to non-filing of complete requisites, it could not be issued to the Opposite Parties. In the meantime, eleven years have already elapsed.

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4. Learned counsel for the Petitioner submits that he has misplaced the brief and prays for an adjournment.

5. In view of the above, I am not inclined to entertain the prayer made by learned counsel for the Petitioner.

6. Since notices in the limitation matter could not be issued to the Opposite Parties for non-filing of complete requisites, Misc. Case No.168 of 2011 filed for condonation of delay as well as the RPFAM stand dismissed.

                                        (K.R. Mohapatra)
ms                                            Judge